A uniform statewide Family
Court was established in South Carolina by statute in 1976 and implemented July
1, 1977. All matters involving domestic and family relationships, and those
involving minors who are neglected or abused or those under the age of seventeen
who are alleged to have violated a state law or municipal ordinance are within
the Family Court's jurisdiction. In certain instances, however, juvenile cases
may be tried in other courts.

The Clerk of Court is
responsible for maintaining the records of the Family Court in the manner
designated by Court Administration. Within this record keeping function are
maintenance of the docket sheets, submission of statistical reports,
distribution of forms to indigents, and receipt and disbursement of alimony and child support. (See this order about the clerks no longer responsible for accepting additional payments.)

Unlike the Circuit Court
where most records are available for public inspection, many Family Court
records are considered confidential and may be inspected only with special
permission. Juvenile delinquency, adoption, termination of parental rights,
abuse and neglect, and any sealed records must be kept in a secure location
with carefully controlled access.

A significant portion of the
Clerk of Court's responsibility in the Family Court involves the collection and
disbursement of alimony and child support. Because of the high
volume of funds received and disbursed, special attention must be paid to
security for the funds and the individuals who handle them.

The broad jurisdiction of
Family Court results in greater diversity in case processing procedures than in
either Common Pleas or General Sessions. In fact, the Family Court procedures
in various instances may resemble each of these. General domestic relations
matters, such as divorce or custody, may resemble Common Pleas processing,
except that hearings rather than trials are held. Juvenile matters bear more
resemblance to General Sessions processing than domestic relations processing,
but they are civil, not criminal proceedings, and do not involve a jury.

Furthermore, Family Court
involvement does not necessarily end with an order at the conclusion of a
hearing. In areas such as custody and support, the court could be involved with
a case for many years. For this and other reasons, individual case files are
cross referenced.

In this manual, Chapter 7 is
separated into parts. The first part of the chapter covers domestic relations
(DR) cases, and the second part describes the procedures in juvenile (JU)
cases. You may access the forms used in domestic relations and juvenile cases clicking here.

7.1 Description of Case
Types

Family Court cases are
classified as either juvenile (JU) or domestic relations (DR), but within the
domestic relations category there are certain types of cases that have unique
processing requirements. These include child support, domestic abuse, and adoption.

7.1.1
Domestic Relations

Domestic relations cases
involve matters concerning domestic or family relationships. Divorce, legal
separation, custody, visitation rights, termination of parental rights,
adoption, support, alimony, division of marital property, and change of name
cases are all considered domestic relations cases. Each is filed with the
Family Court and heard by a Family Court Judge. These general proceedings are
open to the public unless closed by a Family Court Judge upon motion of a party or by statue.
In actions dissolving marital relationships or changing the names of
individuals, the Clerk of Court must notify the proper state agencies of
these changes. These cases are assigned a DR case number. Special care must
be taken to isolate the confidential DR cases.

7.1.2
Child Support

Although categorized as a
domestic relations case, child support actions have several characteristics
different from other domestic relations cases. The majority of the cases are
IV-D cases [both TANF (Temporary Assistance to Needy Families) and non-TANF]
filed by the Department of Social Services (DSS) upon assignment of support
rights.

Child support cases may
involve not only the establishment of an order for support, but also collecting
and disbursing support payments, monitoring compliance with required payment
schedules, and instituting enforcement actions when necessary. Requests for
modifications of a support order, however, constitute new actions unless the request is made by motion in a pending action before the court. See the Motion Fee List, A. 23.

On June 12, 1995, South
Carolina established an Administrative Process law for establishing and
enforcing paternity and child support. Under this law, the Child Support
Enforcement Division (CSED) of the Department of Social Services also has
jurisdiction to establish paternity and establish and enforce child support in IV-D
cases. No case is docketed by the Clerk of Court until an order has been
established by the Child Support Enforcement Division. See 7.16 for specific procedures regarding AP cases. The specific
procedures required during the extended life of a child support case are
included at 7.13. Some of these proceedings are considered continuations
of old cases, others are considered new cases. For new cases, the payment of an
additional filing fee is required and new case numbers are assigned. (New
proceedings: e.g., action for increase or reduction in child support. Old
cases: e.g., action for enforcement of an existing support order.)

7.1.3
UIFSA Cases

Effective July 14, 1994,
South Carolina became a UIFSA (Uniform Interstate Family Support Act) state. In
a UIFSA case, one parent lives in South Carolina and the other does not. Under
UIFSA the states agree to cooperate in enforcing support obligations when one
of the parties lives within the state. The main change brought about by UIFSA
which replaced URESA is the concept of "one order at one time"
system. There is very little change in the way child support orders were
established under URESA, and the way they are established under UIFSA. Section 7.15 describes special procedures when the
plaintiff/petitioner lives in South Carolina. When the defendant/respondent
lives in South Carolina, the case is processed as any other new case. DSS
generally files UIFSA cases in the Family Court.

Reference: § 63-17-2900 et
seq.

7.1.4 Interstate Custody
Cases

The
Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) promotes interstate
cooperation in child custody matters and helps to avoid the problem of
"child snatching." Since the development of statewide Nature of
Action Codes, these files should receive a "DR" docket number, the
proper nature of action code, and be transmitted to Court Administration.
Updates to the UCCJEA in 2007 no longer require cross-indexing of these orders;
however, clerks may continue to maintain a registry if it is helpful to the
office staff.

No filing fee is required in
these cases.

Reference: § 63-15-358

7.1.5 Domestic Abuse

Under the "Protection
from Domestic Abuse Act" enacted in 1984, abused family or household
members, including persons who have a child in common, and a male and female
who are cohabiting or formerly have cohabited, may apply to the Family Court
for an Order of Protection. Special forms, designed by Court Administration,
are available from the Clerk of Court for use by a petitioner. In certain
cases, protection from further abuse may be granted by either a Magistrate or a
Family Court judge. In other cases, when more affirmative relief is sought,
such as temporary child support or child custody, only a Family Court judge may
grant relief. When requested, emergency hearings may be granted and held within
24 hours. Specific requirements for processing these cases are found at 7.17.4.

7.1.6
Adoptions

Papers and records pertaining
to adoption are not accessible to the public, and special care must be taken
with the processing, record keeping, and case jacket security of each case.
Case files are sealed and no judgment roll entry shall be made. Additionally,
notification to the Bureau of Vital Statistics is required for changing the
name on the birth certificate. Procedures for adoptions are discussed in 7.17.1.

7.1.7
Juvenile Abuse and Neglect

The Family Court has
exclusive jurisdiction over proceedings concerning abused and neglected
children. (Title 20, Article 9). In these matters, the court can order
investigations, remove children from the home, serve process, conduct
confidential hearings, review and approve treatment plans, approve placement of
children after removal, and conduct annual reviews of placement status.

Reference: S. C. Code § 63-7-1660 et
seq.

Parents and guardians of
children who neglect, mistreat, or abandon them also are subject to felony
prosecution in the Circuit Court. Cruelty to children is prosecuted as a
misdemeanor in the magistrate's court.

Reference: S. C. Code §§ 63-5-70 and 63-5-80.

Prior to a finding in Family
Court or a conviction in General Sessions Court, the Department of Social Services
may petition the family court for an order directing that any individual named
as perpetrator be entered in the Central Registry of Child Abuse and Neglect.
The Department of Social Services must file a petition and a written case
summary stating facts sufficient to establish that the person named abused or
neglected the child and that the person would present a significant risk of
committing physical or sexual abuse or willful or
reckless neglect if placed in a position that involves care of or substantial
contact with children. The department must serve a copy of the petition and
summary on the person named as perpetrator. The name, address, and telephone
number of the clerk of court or the clerk’s designee must be stated in the
petition. If, within 5 days of service, the person named as perpetrator
requests a hearing, the court must schedule a hearing on the merits of the
allegations in the petition and summary to be held no later than five working
days following the request. If a hearing is requested, and the perpetrator
qualifies, the clerk of court must appoint an attorney to represent the
perpetrator in the hearing.

Reference: S. C. Code §§ 63-7-1930(A) and 63-7-1620.

In all child abuse and neglect proceedings:

(1) Children must be appointed a guardian ad litem by the family court. A guardian ad litem serving on behalf of the South Carolina Guardian ad Litem Program or Richland County CASA must be represented by legal counsel in any judicial proceeding pursuant to S. C. Code § 63-11-530(C).

(2) The family court may appoint legal counsel for the child. Counsel for the child may not be the same as counsel for:

(a) the parent, legal guardian, or other person subject to the proceeding;

(b) any governmental or social agency involved in the proceeding;

(c) the child's guardian ad litem.

(3) Parents, legal guardians, or other persons subject to any judicial proceeding are entitled to legal counsel. Those persons unable to afford legal representation must be appointed counsel by the family court. They should complete an Affidavit of Indigency and pay the $40.00 application fee.

Reference: S. C. Code § 63-7-1620.

7.1.8
Abortion for Minors - Judicial Consent

An unemancipated minor (under the age of 17) who lacks consent from a parent, legal guardian,
grandparent, or someone standing in loco parentis to her, is required by S. C. Code§ 44-41-31 to obtain judicial consent before receiving an abortion. The Clerk of
Court must process these cases quickly and confidentially. (See 7.17.5 for detailed procedures.)

7.2 File
Stamping

All papers filed with the
Family Court must be file stamped immediately to provide a record of when the
document was received. Because the date and time of filing can be important to
subsequent events, this information must be posted clearly on the documents.
This procedure may be accomplished by using an electric date and time stamp or
a hand stamp.

Tasks:

File stamp
the document in a location where the stamp will not cover any of the typed
or written material in the document.

If stamped
by machine, add in ink clerk's initials.

If stamped
by hand stamp, add in ink:

date
time (hour and minutes)
clerk's initials.

7.3 Case
Initiation

Properly designed procedures
for receiving and recording case initiating documents are basic to establishing
case files for each action filed with the Family Court.

7.3.1
Initiating Documents

Domestic relations actions are initiated with the filing of a summons and complaint or petition by an individual, attorney or social service agency. A Family Court Coversheet should be included with the summons and complaint or petition when they are filed with the Family Court.

Filing fees or an affidavit of indigency must accompany all domestic filings, except case types that are exempt from the filing fee requirement.
When an affidavit is filed rather than a fee, the clerk must accept the summons
and complaint or petition. The court will determine later whether a fee should be assessed.

7.3.2
Assigning Case Numbers

Since 1974 a uniform case
numbering system has been used for cases filed in South Carolina courts. Each
case number identifies the year (four digits), court (DR), county (numeric code),
and sequential number of that case within a given calendar year. For example: case
number 98-DR-40-0147 would be the 147th Domestic Relations case filed during
1998 in Richland County (#40 on the county code list). See the County Code List.

Case numbers are assigned
when a case initiating document is filed. The case number is entered on the
original and all copies of that document returned to the filing attorney or
party. It is crucial that careful control be exerted over the assignment of
case numbers so that no two cases are given the same number, and that no case
number is skipped.

All new cases receive a new
number. A case is considered a new case when a new matter is raised. For
example, if the complainant files for separate maintenance, this case will be
given a number. If the complainant then files another complaint asking for a
divorce, this would be considered a new and separate case from the separate
maintenance action. The matter of the divorce is a new matter. It should,
therefore, receive a new number.

Complaints to modify any
final order (including support, custody, or visitation) are considered new
cases. This is because the action raises a new matter and would result in a
change of an existing order. All new actions should be assessed a filing
fee unless the case type is exempt from the filing fee requirement.

Actions which request only
that an existing order be enforced, without changing the terms of the existing
order and without raising a new matter, are not considered new actions. All
papers and Rules to Show Cause pertaining to enforcement actions should be
filed in the case file with the existing order. Fees should not be
imposed on enforcement actions unless a fee is listed for the type of motion that is filed. See the Motion Fee list.

New case numbers are not assigned to cases that are continued.

Cases remanded from the Court
of Appeals or Supreme Court for retrial in Family Court retain the original
case number with the addition of an "A" to the end of the number.

Cases in Family Court
restored to active status pursuant to an Order to Restore retain the original
case number (and original file date) with the addition of an "R" to
the end of the number.

Depending upon the volume of
filings in the Family Court, one of several approaches to case number control
may be appropriate:

A manually
maintained notebook in which each case number is entered, with clerk's
initials, as it is assigned.

Case
jackets can be pre-numbered to be taken in sequence by clerks processing
new cases. This procedure is helpful in busy offices when several clerks
are responsible for opening new cases.

An
automated system can assign numbers as new case information is entered on
the system.

Assign DR
case number as appropriate and write it on both the summons and the
complaint or petition.

Conform
copies. Affix seal (if needed).

Return
copies to plaintiff or petitioner for service.

Write receipt for fee unless Affidavit of Indigency is filed. Give (or mail) original receipt to
plaintiff or petitioner; or if billing for fees is permitted, follow local
procedure for posting fee to attorney's account.

If the case
is a registration case, index in the foreign order registry (i.e., foreign
support and custody decrees) (§ 63-17-3640).

7.3.3
Filing Fees

Filing fees are required for most cases filed in Family Court. These fees are required or waived pursuant to the South Carolina Code of Laws. The amounts of filing fees are set by S. C. Code §§ 8-21-310 and 14-1-204. The two most common filing fees are the $150.00 fee that is paid at the initiation of a civil action and the $25.00 filing fee which is paid when a Notice of Motion and Motion (commonly referred to as a motion) is filed in a civil action.

A. Case
Initiation Filing Fees

The fee to initiate most actions in the Family Court is $150.00. S. C. Code § 8-21-310(11)(a) states that the filing fee is $100.00. S. C. Code § 14-1-204 requires that an additional filing fee of $50.00 be imposed on filings in Family and Circuit Court. Thus, the total cost for initiating most Family Court actions is $150.00.

Please note
that there are some types of actions that do not require the $150.00 filing
fee.

Listed below
are the most common types of actions that are initiated in the Family Court and
the fee that should be charged pursuant to statute.

Cases granted a new trial before appeal to the
Supreme Court or Court of Appeals

Cases remanded by way of appeal from Supreme Court,
Court of Appeals, or Federal Court

Change of Venue Cases (from Family Court to Family
Court)

Satisfaction of Judgment

Cases filed accompanied by an order granting a
Motion for Leave to Proceed in Forma Pauperis [Rule 3(b)(1), SCRCP].

Note: No
fee is charged to a defendant or respondent for filing an answer, return
or other papers in any civil action or proceeding, in a court of record (S. C. Code §
8-21-310(12).

Registration of Foreign Divorce Decrees addressing support or custody

Registration of Foreign Support Orders

Cases filed when a party is represented by an attorney working on behalf of or under the auspices of a legal aid society, a legal services or other nonprofit organization, or the South Carolina Pro Bono Program (written certification from the attorney required) pursuant to Rule 3(b)(2), SCRCP.

B. Motion
Fees

Pursuant to S. C. Code §
8-21-320 of the South Carolina Code of Laws, there is a $25.00 fee assessed for
every motion made in Family Court. The motion fee applies to all motions,
including motions filed with the original complaint, unless otherwise determined
to be exempt. Please access the below January 15, 2003 memorandum to review the
list of the most commonly filed motions which require the $25.00 motion fee and
the most commonly filed motions which are exempt from the $25.00 motion fee.

The Motion
and Order Information Form and Coversheet is to be submitted with every motion
or proposed order filed with the clerk of court or presented to a judge at
chambers and shall remain as an attachment to the motion or proposed order, or
copy of the same, as proof of payment, or in the alternative, as instruction
for payment. Please note that a motion coversheet is necessary on all motions
and proposed orders, regardless of whether a motion fee is to be assessed or
not assessed.

Motion Fee
Disputes: When there
is a motion fee dispute between the attorney and the clerk, the judge is to
make the final decision as to whether the fee should be assessed. The clerk should check the appropriate box on SCC 233F - Motion and Order Information Form and
Coversheet when there is a motion fee
dispute between the attorney and the clerk.

D. Tasks
for Filing Fees and Motion Fees:

Determine whether a filing fee is required, and, if
so, the proper amount.

If a fee is paid, issue a receipt for the filing fee
and record amount paid.

If the fee is required, but not attached, return the
document to the filing party and advise that the fee is required.

If the required filing fee is not paid and SCCA 405F, Motion and Affidavit to Proceed in Forma Pauperis" [Rule
3(b), SCRCP] is attached to the pleadings, assign a case number and
forward the documents to the judge for determination of indigency.

If the motion is granted, continue processing the
case as usual.

If the motion is denied, provide a copy of the order
denying the motion to the filing party, along with instructions that the
appropriate filing fee must be paid by the date specified in the order to
prevent case dismissal.

If the
filing party files a motion and disputes the $25 fee, check “contested” on
the SCCA 233, Motion and Order Information Form and Cover Sheet and
forward to the judge for evaluation.

Please
note: If a Motion and
Affidavit to Proceed in Forma Pauperis is filed with the Summons and Complaint,
the clerk must assign a case number before forwarding the
documents to the judge for determination of indigency.

7.4 EDS
(Electronic Docket Sheet) and Data Transmission

South Carolina's Circuit and
Family Courts employ automated case management systems to maintain the court’s
records and to transmit caseload information to the South Carolina Judicial
Department as required by Rule 78(a), SCRCP. In the past, physical docket sheets
were used to record case information and transmit data; however, automated case
management systems have eliminated the need for docket sheets. Case management
systems vary in design statewide. Of forty-six counties, many different vendors
are employed for the purposes of design and programming of the automated
systems. For the purpose of having a common reference, the electronic case
record of an automated case management system will frequently be referred to
within this manual as an Electronic Docket Sheet or EDS.

7.5 Case
Updating

Between the time a case is
filed and the time it is disposed of, additional papers may be received,
motions acted upon, etc. The Clerk of Court must record all filings and ensure that the papers are added to the case jackets. Where
trial dockets are used, DR cases are placed on the trial docket upon written
request of the attorney. Some courts place cases on a status conference docket
after three or four months if a hearing has not otherwise been requested. New
DSS cases are scheduled on DSS days.

7.5.1
Subsequent Filings

When additional papers are
received for an active case, they must be file stamped, placed in the case
jacket, and action taken if appropriate. Answers, counterclaims, financial
statements, and affidavits of service are examples of subsequent filings.

Tasks:

Review papers
for case number and proper signature. If signature is required and
missing, return for signature.

If docket number is missing, return to the sender so that the docket number can be added.

Note: Depending on the size of the court and local practice, some
courts will call the attorneys and ask that they come to the office to add
the needed signature or number. It is generally not recommended that
clerk's office staff add case numbers to papers.

File stamp
document.

Make copy.
Return copy to filing party.

If hearing
is requested in writing, schedule on docket and send hearing notices accordingly.
(See section on Family Court Docket.)

If order of
dismissal is received, process the dismissal.
(See section on Dispositions.)

If the following items are changed or added, update in the case management system:

Case name
Filing date
Case number
Disposition date, judge, and type.

7.5.2
Placing Subsequent Documents in the Case Folder

A document should be placed
in the case jacket immediately or within one day after receipt. Procedures
should ensure accurate and consistent filing.

Tasks:

Check for
the correct case name and number.

If a
clerk's initials are required after performing a function such as indexing
or docketing, check for the initials.

Fasten the
case papers in the jacket according to the filing date with the most recent on
top. (Reverse chronological order is normally preferred because the items
that are most frequently reviewed are the items most recently filed.)

Insert a
cross-reference sheet in the case jacket to note the location of papers
and exhibits that are filed in a special location, such as confidential
papers, financial statement, psychological reports, etc.

If an
additional jacket is needed due to the volume of material, place the same
case number on the second jacket and designate it as Number 2 of 2 and
place it behind the first jacket which should then be marked Number 1 of
2.

7.6
Financial Aspects of Case Initiation

It is critical for personnel
who process case initiating documents to recognize the case
type and associated filing fees that must be collected. Attorneys who regularly practice in the court are aware of the
required filing fees, but it is still incumbent on the clerk's office to verify. In some cases, filing fees may be waived.

7.6.1
Receipts

Depending on local practice,
receipts for filing fees may be prepared by the case processing clerk or a
cashier. In larger courts, receipting for all funds in the clerk's office is
often centralized in a cashiering operation to ensure consistent and accurate
accounting procedures are followed.

Tasks:

Ensure that
the amount remitted is the correct amount.

If an
underpayment is received, use discretion depending on the filing party and
either accept the filing and inform the filer of the amount due, return
the entire package with the fee or inform the filer and hold for the
balance.

If an overpayment is received, the clerk may accept the filing and return
the excess fee.

Prepare
Receipt.

Minimum information: date, amount, case number, and from whom received and
initials of clerk.

Mail if other documents are being
returned or place in attorney's box if approval of attorney obtained.

Place in case file, give to payor upon request; destroy when case is closed or destroy payor's copy since returned check will serve as proof of
payment.

Annotate
case number and/or receipt number on check.

Stamp back
of check and deposit.

7.6.2
Attorney Accounts

Fees should be remitted for
each case when filed. Some counties, however, permit attorneys and law firms to
accumulate filing fees based on ledger cards or books kept by the clerk's
office. Periodic bills for the accumulated amount are prepared and sent to the
firms. Although this practice is not encouraged, if it is the local practice,
it is important to keep timely and accurate records and to ensure that the
procedure is understood by all parties.

See Chapter on Financial
Operations for more detail on fees, processing distribution, deposits, etc.

7.7 Family
Court Docket

If not otherwise prepared by
the judge's secretary, the Clerk of Court, at the direction of the Chief Administrative Judge
of the Family Court, prepares a docket of all domestic relations matters to be
heard by the court. Cases are placed on the docket upon written request of one
of the parties.

Tasks:

Prepare
docket including:
Name of the court.
Name of the judge.
Name of the court reporter.
Time of the hearing.
Case number.
Case name.
Issues (type of action).
Plaintiff's attorney.
Defendant's attorney.
Space to record the disposition/decision.

Note: If the docket is posted, only the docket number should be shown in juvenile hearings, TPR, abuse and neglect, adoptions and abortions for minors to assure confidentiality of these
matters.

7.8
Preparing and Distributing Notices

Throughout the life of all
court cases, the clerk's office is the focal point for communication of planned
and scheduled events. Proper and timely communication to the parties,
witnesses, counsel, and concerned agencies is crucial to the functioning of the
judicial system. The rules of court describe when notices are necessary to
fulfill this responsibility. The attorneys representing parties and the
solicitor have primary responsibility for the preparation, distribution, or
service of notices for hearings and trials. It may often be necessary to give appropriate
and accurate information to pro se litigants so that the process and
procedures for noticing are followed correctly.

NOTE: In some cases when the defendant
cannot be found after diligent efforts, service by publication in the local
newspaper can be made. Requirements for proof of service by publication are
specified in Rule 4(g), SCRCP.

7.8.1
Subpoenas

Pursuant to Rule 45, SCRCP, the clerk is directed to "issue
a subpoena, signed but otherwise in blank, to a party requesting it, who shall
complete it before service. An attorney as officer of the court may also issue
and sign a subpoena on behalf of a court in which the attorney is authorized to
practice." Please note that, due to the very nature of pro se litigation,
the signature of the clerk is still required in those actions.

7.8.1 (A) Subpoenas for Depositions in Out-of-State
Actions in Family Court Cases

When an action in another
state requires a deposition to be taken in this state, upon satisfaction of
court rule requirements a subpoena may be issued in this state for such
purposes. This matter is specifically addressed by Rule 28, SCRCP, which provides for the payment of a
filing fee of $50.00 set by order of the Chief Justice, effective March 1,
2003.

When a subpoena is issued in
a family court matter, pursuant to Rule 28, SCRCP, the clerk of court shall
assign the subpoena a DR number. The subpoena should be filed along with
the required filings from the court directing the deposition or production of
documents, as indicated by Rule 28. Once entered into the system, the
cases should be opened and closed immediately since it is likely no further
action will be necessary by the court issuing the subpoena. The judge
code that should be used to close this case is the code for the Clerk of Court,
2099 for systems that accept a 4-digit judge code and 099 for those systems
that accept 3-digit judge codes.

7.8.2 Notices

Once a hearing has been
scheduled for a specific date on the Family Court docket, notices are sent to
all attorneys or parties involved. This task may be handled by the clerk or the
judge's secretary upon direction of the judge. These notices should include:

Name of the Court.
Name of the case.
Name of the person notified.
Time and place of the hearing.
Case number.
Time allotted for hearing (optional).
Phone number to use if any changes occur (optional).
Specific courtroom or general Family Court designation (optional).

Tasks:

Prepare and
sign notice.

Make copies
for each attorney or party as appropriate. Note: Local practice may include telling the attorney to notify the
client.

Distribute
copies.
Mail or place in courtroom mailbox for local attorneys.
Use interoffice if available for other county offices. You may email notices where available unless a statute requires otherwise.

Place
original in case jacket.

7.8.3
Continuances

Continuances may be granted
by the judge for good cause upon motion by a party, or upon the Court's own
motion.

7.8.4 Pre-trial Conference

In domestic relations cases
(normally divorce actions) the judge may require that a pre-trial conference be
held. The judge will enter an order scheduling the conference and advising the
parties of the types of information to bring or to exchange prior to the
conference. In some courts, this is done by a standing order that all cases
requiring more than two (2) hours be scheduled for a pre-trial conference. A
form for filing a pre-trial brief may be required. Following the conference, an
order will be issued by the judge confirming the outcome of the conference.

Tasks:

Enter Order
for Pre-trial Conference. If based on a standing order, simply schedule
the pre-trial conference.

Send copies
of notice to each attorney or party.

Note
conference date on docket.

Record
entry of order and mailing of the notice on the docket sheet.

Following
the conference, enter the Pre-trial Order. Make copies. Distribute to
attorneys.

7.8.5
Hearings

Most hearings in domestic
relations cases are open to the public unless closed by the judge or statute. In domestic
relations cases, the clerk may have to be present in the courtroom. In DSS and other
contempt cases, the clerk will call the cases and will prepare bench warrants
for parties or witnesses who fail to appear after proper service. In support
enforcement cases, the clerk may be called upon to testify to the calculation
of arrearages and may be asked to prepare the order. In all contempt hearings,
it is recommended that a clerk be present to avoid problems interpreting
orders. Judges may order the presence of clerk's office personnel at such
hearings.

In all domestic relations
cases, a judgment form must be completed when the court renders a decision in a
case (SCRCP 58). Orders issued by the Court will be
entered by the clerk following the hearing.

Note: The tasks listed below include those
the clerk might do during court. Depending on local practice and the preference
of the judge, however, some of the tasks may be performed by the judge (e.g.,
calling cases, swearing witnesses), the bailiff (e.g., pulling and delivering
case jackets), or the judge's secretary (e.g., preparing bench warrants and
orders).

Tasks:

Pull case
jackets and place in the sequence listed on the docket.
Attach judge's memorandum, if used locally, to case
jacket.

Deliver
files to the judge or the courtroom.

Call cases.
Inform judge of any special circumstances that
may be involved in specific cases.

Swear witnesses.

Prepare
bench warrants as directed by the judge.

Collect
payments, costs as directed by the judge, or have bailiff escort
individual to appropriate location in accounting office to make payment.
Issue receipt for any funds collected in the courtroom.

File papers
presented in court.
If true attested copy is required, conform the copy to
the original.

Following
court, enter any orders issued by the judge. Use Form 4F as necessary.

7.9 Order
Processing

Orders signed by the judge
authorize, direct, or prohibit certain actions by the parties involved. All
orders must be filed with the Clerk of Court who distributes copies to the
appropriate parties.

If order
disposes of part or all of case, make appropriate entries on docket sheet.
Mail docket sheet or send information electronically to
Court Administration.

Take other
action as required by order. For example:
Order of Judgment--determine if it must be entered on
Judgment Rolls.

Support

Enter support orders into the history section of the case record on the
computer.

Establish payment file for new support orders.

Update payment file when a support order is modified.

Court Costs

If court costs or a payment on the arrearage are to be paid, note date by
which the payment is due on the case history. If not paid by that date,
issue a Bench Warrant.

Update case information in computer system as necessary.

7.10
Dispositions

Cases in the Family Court may
be disposed of in a variety of ways and at various stages of the case.
At the time of disposition, the
official records on the case must be closed, the case jacket moved to the appropriate
storage area, and, if appropriate, the final judgment enrolled. The list of disposition codes used in Family Court is listed below:

1 – Transferred to other court in state
2 – Stricken from docket (270 Day Order) -- rescinded by Order March
1, 2006
3 – Dismissed/withdrawn
4 – Other (explain in Status Notes)
5 – Transferred out of state
6 – Disposed of by trial or hearing
7 – Administrative process DSS-OCSE only

7.10.1
Types of Dispositions

A Family Court case may be
disposed of by agreement of the parties at some point after the case is filed;
a motion to dismiss by one of the parties may be granted; or the judge may
render a Judgment and Order following a hearing.

A.270 Day Administrative Order (Rescinded by Order March 1, 2006)

Prior to March 1, 2006, the
Clerk of Court was required to remove from the pending docket any domestic
relations or juvenile case that had not been disposed of or had a final order
entered within 270 days from the date it was filed. Any cases which were
previously stricken under the old rule may be restored to the docket only upon written
order of the Chief Administrative Judge, obtained after written application is
made and good cause shown. The order to restore must set the case for final
hearing at a time and date certain.

Continue to
file papers for any case that is stricken. If a final order is filed,
update computer screen with appropriate disposition
information. Notify Court Administration of corrected final disposition
information. It is not necessary to restore a case if a final order is
received.

If the case
is later restored, enter the case in the
computer, using the original case filing date and case number with an
"R" suffix added to it.

B. Dismissed/Withdrawn

An action may be dismissed by
the judge or by a stipulation of dismissal or withdrawn by the parties prior to
the conclusion of a trial or hearing. The case is recorded as a summary
disposition upon receipt of order of dismissal/withdrawal.

PLEASE NOTE: If a case is dismissed by the clerk
by mistake, (e.g., a rule to show cause should have been dismissed, and the
clerk inadvertently dismissed the case), the clerk can prepare a simple order,
have it signed by the judge, and reinstate the case in their records. NO ACTION
IS NEEDED FOR COURT ADMINISTRATION IF THE CORRECTION IS MADE BEFORE THE ELECTRONIC TRANSFER IS COMPLETED.

Tasks:

Record as
disposed/withdrawn.

Enter code
for clerk as Judge at Disposition.

C. UIFSA Cases

Once the initiating process
of a UIFSA case is completed, and the case is forwarded to the responding
jurisdiction (where defendant resides) the case is considered disposed, and the
docket sheet should be ended.

Depending upon the type of
case, the judge will enter a final judgment, order, or decree upon conclusion
of the hearing on the merits. A hearing to approve a settlement by the parties
is a hearing on the merits.

Tasks:

Process
order/judgment/decree.
(See section on judgments)

With decree
of divorce

The divorce decree shall contain the social security numbers of the parties.
Verify that SCDHEC-682 (Report of Divorce or Annulment of Marriage)
accompanies the final decree and is complete, except for the clerk's
signature. Please Note: The Divorce Decree may be filed without the DHEC
form, but the form must be received by the clerk and sent to DHEC no later
than thirty days following the filing of the final decree, pursuant to S.C. Code § 20-3-230.

Sign DHEC-682, or forward to personnel responsible for completing and
mailing form.

Mail to Office of Vital Records and Public Health Statistics
in Columbia within thirty (30) days.

Reference: S.C. Code § 20-3-230.

With
Adoptions

Verify that DHEC-671
(Certificate of Adoption) has been submitted with appropriate sections
completed.

For agency adoptions,
attorney presents form with Part II completed; for other adoptions, attorney
presents form with Parts I and II completed.

Complete Part III,
Certification of Clerk of Court.

Forward DHEC-671 to:
Submitting attorney for agency adoption.
State Registrar of Vital Statistics, Department of Health
and Environmental Control for other adoptions.
Transmit within 30 days of the filing of the final decree.

Reference: S.C. Code § 63-9-790.

With Name
Change

Make certified copy of
Order.

Return certified copy of
Order to petitioner to forward to State Registrar of Vital Statistics, DHEC.

Once a case has been disposed
of, regardless of the method, the case records must be closed. Court
Administration must be advised of the type of disposition, and the file itself
moved to the proper ended file storage area.

Tasks:

End case in computer system.
Record date the order was filed with the clerk's office
as the date of final disposition.

If there was a hearing, enter code for judge who signed final order as the
judge at disposition. (Use the code for a special judge.)

If there was a summary disposition (i.e., no hearing), record the code for
Clerk of Court. If the solicitor disposed of the case, use the solicitor's
code.

File case
jacket in appropriate place.

7.10.3
Procedures for Restoring Family Court Cases

DSS cases often have a
Consent Order ending the case. This should be considered as a Final Order. If
the case has been struck, do not restore; simply modify the disposition
information.

Cases struck need a request
to have the case put back on the active docket. This requires an order
signed by the Chief Judge for Administrative Purposes, with date and time
certain within the order. Attorneys should be notified of the date and time
the case will be heard when they present the request for the case to be
restored to the Clerk.

If a case is struck and
somehow makes it on the roster, or is heard and the Clerk receives a Final Order, the Clerk will need an Order to Restore before the final disposition can be
recorded.

To restore a case disposed of
as follows:

1) Struck by 270 day rule
(Rescinded by Order March 1, 2006) - use original filing date, original case
number, "R" suffix
2) Struck in error - use original information, no suffix
3) Remanded from higher court - use original information, "A" suffix
4) Request to enforce original order (supplemental proceeding) - use original
information, no suffix (do not reopen, do not report to SCCA)
5) Modifications to the original order (and change to an order) - new
filing date and new case number

If a case has been struck,
the Clerk should continue to file papers with the case as they come in. The 270
day rule (Rescinded by Order March 1, 2006) only removed the case from
the active docket, it does not interfere with the filing of Motions, etc. Temporary
orders do not end a case.

7.10.4
365 Day Benchmark in Family Court

The 365 Day Benchmark is a tool designed to move family court
cases forward to completion and dismiss pending cases which have had no
activity and no intent to further the action. An Administrative Order was issued on August 27, 2014 and includes guidelines for the clerks’ offices and the Chief Administrative Judge. The 365 Day Benchmark should not be used
to dismiss DSS abuse and neglect cases.

Cases properly stricken under the 270 Administrative Strike
order can be restored. Procedures for restoring those cases are located
in Chapter 7 of the manual at Section 7.10.3.
Cases dismissed pursuant to the 365 Day Benchmark may not be restored unless
the case was dismissed improperly or in error.

In every court action a judgment is rendered that dismisses the action against a party or finally determines the rights of a party to the action. The judgment may take the form of an order or a decree. Once rendered, a judgment must be entered by the clerk. Entry of judgment is accomplished through the use of the Judgment in a Family Court Case Form (Form 4F).

Enrolling a judgment is a separate procedure that is required when the judgment affects title to property or places a lien upon property. Enrolling the judgment provides notice to those individuals who may want to determine whether the property is or may be encumbered. Generally if a case does not affect title to property, it is recommended that the judgment not be enrolled.

7.11.1
Entry of Judgment

Unless otherwise ordered by the
court, all judgments are to be entered.

Tasks:

If the clerk receives an order without Form 4F attached, the clerk should complete the Judgment in a Family Court Case Form (Form 4F) and attach a copy of the order to Form 4F. The clerk is not responsible for completing the "Information for the Judgment Index/Transcript of Judgment" portion of the form.

Unless otherwise ordered by
the court, if the judgment affects real or personal property it must be
enrolled. Generally, most family court orders affect property rights and should
be enrolled. However, some family court orders rarely have impact on real or
property; therefore, it is recommended that the following categories
of cases should not be placed on the judgment roll, unless specifically
ordered by the court:

Name changes
Orders affecting child custody only.

Moreover, some orders are
confidential and access to information about them is limited. Accordingly, the
following categories of ended family court cases should not be
abstracted or indexed in the judgment roll:

Information listed in the "Information for the Judgment Index/Transcript of Judgment" section of Form 4F should be recorded in the judgment index.

In non-Case Management counties, assign the next
sequential JR number to the judgment or use original case number. When
enrolling Family Court judgments in Common Pleas Court in Case Management
counties, assign
such judgments a CP number

Write that number on the judgment.

Record the number and case name in the index.

Enroll an
abstract of the judgment in the Judgment Roll book. Include the following
information:

7.11.2 (A) Enrolling Separate Orders for
Child and Spousal Support to Judgment

Separate orders for child and spousal support should not be automatically indexed to the judgment rolls. A judgment should be entered only when
a judge orders an amount into judgment or when specifically authorized by
statute. A judgment lien may be imposed against the obligor’s personal or real
property in the amount of the arrearage as applicable in 63-17-1440 (A) and 63-17-2710.

7.11.3
Transcript of Judgment

From time to time the Clerk
of Court is called upon to issue or file a transcript of judgment. A transcript
of judgment is a certification by the person issuing it, that a judgment has
been entered in his/her court and reflects the entries on that court's docket
book.

A. Issuing a Transcript of
Judgment

Tasks:

Received a
request for a Transcript of Judgment by letter or form.

Verify that
the information reported is correct as reflected in the Judgment Roll and
includes:

Name of
prevailing party.

Name of
party against whom judgment is entered.

Amount of
judgment entered.

Title of
court granting judgment.

Date
judgment was granted.

Certify the
document.

Return to
requestor.

No fee is
charged.

B. Filing a Transcript of
Judgment from another Court

Tasks:

Review
Transcript to assure the following is included:

Name of
party against whom judgment is entered.

Amount of
judgment entered.

Title of
court granting judgment.

Date
judgment was granted.

File stamp
transcript.

Enroll the
judgment.

Create
Judgment Roll file or file by Judgment Roll number in Transcript of
Judgment file according to local practice.

7.11.4
Filing and Enrolling Foreign Judgments - S.C. Code § 15-35-900

A copy of a foreign judgment
authenticated in accordance with an Act of Congress or the statutes of this
State may be filed with the Clerk of Court of any county in which the judgment
debtor resides or owns real or personal property. Along with the foreign
judgment, an affidavit of the judgment creditor or his/her attorney must be
filed with the clerk stating that the judgment is final, that it is unsatisfied
in whole or in part indicating the amount remaining unpaid on the judgment, and
whether the judgment is further contested.

Upon
receipt of a foreign judgment with affidavit and appropriate filing fee:

Date stamp original and one copy of
foreign judgment and affidavit.

Assign Domestic Relations case number
following procedures outlined previously in this manual.

Create case file following procedures
outlined previously in this manual.

File proof of service of notice of
filing when received. Since no foreign judgment may be indexed if contested
until resolved, and no execution or enforcement may issue upon the judgment
until the expiration of thirty (30) days from the date upon which notice of
filing is served in accordance with S.C. Code § 15-35-930, suspend file for thirty (30)
days from date of service of notice of filing.

If a motion contesting the entry is
filed by the judgment debtor, file the papers accordingly. If the judgment
creditor then moves for enforcement of the judgment, place motions on the
Motion Calendar. Complete docket sheet as outlined previously in this manual or
send information electronically.

If no motion is filed within thirty
(30) days of the date of service, enroll judgment.

7.11.5
Satisfaction of Judgments

File stamp
satisfaction.

Note on
Abstract of Judgments the date satisfaction was filed.

File
satisfaction form in case jacket.

7.12 Post
Disposition Activities

A "final"
disposition in a Family Court case does not necessarily mean that no further
activity will occur on that case. Particularly in the areas of support,
custody, and visitation, circumstances may change and changes in or enforcement
of the final order may be sought by one of the parties.

It is important to
distinguish between the types of requests that constitute continuations of the
original case, and those that are considered to be new cases. A request to
enforce the original case is a continuation. The original case number will be
used, and no additional fee will be collected. Similarly, a case restored under
the 270 Day Order (Rescinded by Order March 1, 2006) or returned to the trial
court subsequent to an appeal is considered a continuation. For these cases,
add an "R" or an "A" suffix, respectively, to the original
case number.

Generally, a request for a modification
of the original order, such as an increase or decrease in support or a change
in visitation, constitutes a new case. A new case number will be assigned, a
cross reference to the original action noted in the jacket and on the index
cards, and an additional filing fee will be collected.

A case that is refiled after a judge has refused to restore it under the
270 Day Order (Rescinded by Order March 1, 2006) is a new case: with a new
number and a new filing fee.

7.12.1
Enforcement of Court Orders - Rule to Show Cause

If an order entered by the
court is violated, a rule to show cause is issued by
the judge or the Clerk of Court. The person addressed in the rule must return
to the court and explain why he or she failed to comply with the order. Failure
to appear as required can lead to the issuance of a bench warrant.

See 7.13.5 for the effect of Rule 24, SCRCP in cases of child support and alimony
paid through the Clerk of Court.

Tasks:

Prepare
affidavit of failure to comply with previous order of the court.

Prepare
Rule to Show Cause to the defendant (respondent) in the case including:

location
date
time
when he/she is to appear in court.

On day of
hearing have case file in court.

If party
fails to appear:

Issue Bench Warrant if directed to do so by the
judge.

If party appears:

Prepare and enter orders as directed by the judge.

7.13
Child and Spousal (Alimony) Support Matters

Support matters account for a
substantial part of the Family Court workload. From petitions to establish
support, through monitoring payment, to enforcement and collection of any
arrearage, the tasks involved are numerous and exacting. To assist with this task,
Family Courts have automated their support record keeping functions.

Because automated systems
vary, the discussion that follows will be in terms of tasks, rather than the
specific mechanics involved. For example, reference will be made to updating a
payment history upon payment of a week's or month's support amount, rather than
giving detailed instructions on which screen to access and the location of that
screen for entering the payment.

7.13.1
Child Support and Alimony Payment Records

Once an order of support or
alimony is entered, and the determination made that payments will be made
through a court, a case payment record must be established and monitored.

PLEASE NOTE: All child
support orders (administrative or judicial) must set forth the social security
numbers of both parents. S.C. Code § 63-17-480.

7.13.2
Temporary Orders for Child Support

S.C. Code § 63-17-330 requires that the
Family Court issue, upon motion of either party, a temporary order of support
pending an administrative or judicial determination of paternity, if the
defendant has signed a voluntary acknowledgment of paternity or if there is
other clear and convincing evidence that the defendant is the child's parent.

Tasks:

Review
order for support or alimony to determine the amount and frequency of
payments.

Establish a
case file including:

Name of obligor;
Name of obligee;
Addresses of each
Names of child(ren) covered
by order;
Amount of payment;
Frequency/due dates for payments;
Payment history to record dates and amounts of
payments.

PLEASE NOTE: Both the obligor and obligee in a child support or paternity action, whether judicial or administrative
must provide the following information to the court:

S.C. Code § 63-17-460 provides that
bills for paternity testing or for prenatal and postnatal health care of the
mother and child must be admitted without the necessity of third party
foundation testimony. Bills are prima facie evidence of the amounts
incurred for the services or for testing, and that the amounts were reasonable,
necessary, and customary. Copies of bills must be furnished to the adverse
party at least ten (10) days before an administrative or judicial hearing.

Both parties must notify the
court of any changes to the above-referenced information within ten (10) days
of the effective date of the change. S.C. Code § 63-17-450.

7.13.4
Payments

As payments are received,
they must be receipted, recorded, posted to the proper account, and deposited.
Additionally, the proper procedure must be initiated for writing and sending a
check to the obligee.

Tasks:

Verify
sufficient identifying information is on the payment to post it to the
proper account. Discard or retain envelopes according to local procedures.

Post
payment to account.

Write
receipt, indicating type of payment: cash or check. (Optional - also show
check or money order number.) Give or mail receipt to obligor.

Process
payment for deposit.

Initiate
procedure for issuing check to obligee.

7.13.5
Enforcement

Rule 24, SCRFC, directs that the clerks review child
support and/or alimony payments made through the Clerk of Court at least
once a month. During this review, all cases in which a payment is over five
(5) working days late must be identified, and a Rule to Show Cause issued
by the clerk.

NOTE: While this requirement will mean that
a Rule to Show Cause will be issued for any payment over five (5) days late at
this time of the monthly review, it does not require that a Rule to Show
Cause be issued any time a payment is not received within five days of being
due.

If the sheriff or
court-designated process server is unable to locate the obligor after diligent
search, the clerk may make affidavit of failure to locate (Form
SCCA 438) and present
it to the court. The court, in its discretion, may issue an order placing the
case on inactive status (Form SCCA 439) excusing the clerk from monitoring
compliance with Rule 24, SCRFC, while providing methods for
re-activating the case, and for preserving payment records.

7.13.6
Bench Warrants

S.C. Code § 63-17-390 authorizes the
court to issue a bench warrant for a defendant in various situations.

1. Defendant refuses to
obey an order for support, and the court is satisfied by competent proof
thereof, the court may, with or without notice, issue a warrant to commit the
defendant to jail until the order is obeyed or the defendant is discharged by
law. In some counties, especially the smaller counties, which have family court
only one or two times per month, the court will set a cash bond and
require the defendant to appear at the next term of court rather than keeping
the defendant in jail until he or she can appear before the judge.

2. Defendant is ruled into
court on a Rule to Show Cause and after service of the RTSC does not appear.

3. A bench warrant may
also be issued if the process server or deputy sheriff determines, after
several attempts to serve the defendant are made, that the defendant is evading
service and so testifies under oath to the judge.

Tasks:

Issue bench
warrant at the direction of the judge. Bench warrants may be completed by
the clerk or in DSS child support cases by the DSS attorney or
representative.

Bench
warrant must be signed by the judge or the clerk.

Bench
warrant is filed with clerk's office prior to service.

Bench
warrant is sent to sheriff for service.

Served Bench Warrants, and
those dismissed by the court, are returned to the clerk and filed in the
appropriate case file.

Unserved Bench Warrants, or certified copies
of the warrants, remain in the custody of the sheriff or other appropriate law
enforcement agency until they are served, or recalled, or dismissed by the
court.

At the beginning of each
quarter, i.e., January 1, April 1, July 1, and October 1, the sheriff will
report in writing to the Clerk of Court, the status of all unserved bench warrants which were pending during the previous quarter. The Clerk of
Court will provide a copy of this quarterly report to the Chief Administrative
Judge of the circuit.

7.14
Income Withholding (Wage Withholding)

Income withholding provides a
mechanism for automatic, direct payments of support to the Family Court. Since
1994, income withholding is used in all cases. In Department of Social Services
(DSS) IV-D cases, income withholding has been used since 1990. When used in
cases of delinquent obligors, income withholding provides an additional remedy
for the collection of the delinquent amount. However, the use of income
withholding should not preclude Rule 24, SCRFC procedures (See 7.13.5 above).

S.C. Code § 63-17-1410(7)
defines an Order for Support as "any order of a court or an administrative
agency of competent jurisdiction which provides for periodic payments of funds
for the support of a child or maintenance, of a spouse or former spouse and
support of a child, whether temporary or final, whether incidental to a
proceeding for divorce, separation, separate maintenance, paternity,
guardianship, or otherwise and includes any order providing for a modification
of support payment or an arrearage or reimbursement of support."

S.C. Code § 63-17-1420(B) stipulates
that all orders (IV-D and non-IV-D) for support entered or modified in the
State before October 1, 1996, if not otherwise subject to wage withholding, are
subject to withholding, if a delinquency occurs, without the need for a
judicial or administrative hearing. These orders must be construed to
contain this provision even if the provision has been omitted from a written
order. This section means that, regardless of when the order is entered, a
hearing is never required to implement withholding if a delinquency occurs.

S.C. Code § 63-17-1420 outlines the
procedures involved in effecting income withholding for Department of Social
Services (DSS) IV-D cases and for Clerk of Court (non-IV-D) cases. DSS has
developed a set of forms for use in income withholding procedures.These forms incorporate
the statutory requirements of information to be provided to the individuals
involved. Each form should be completed carefully to ensure compliance with
statutory elements.

Support orders from other
jurisdictions can serve as the basis for entry of an income withholding order
to a payor within South Carolina.

All Clerk of Court
(Non-IV-D) cases in which support orders were issued or modified after January
3, 1994, are subject to immediate wage withholding without an arrearage requirement
unless the court orders otherwise.

Prerequisites for income
withholding order in Clerk of Court (Non-IV-D) cases issued or modified before January 3, 1994 include:

Amount of overdue support
payment equals at least one (1) month's support obligation; or

Obligor petitions and the
court orders immediate income withholding; or

Court orders immediate income
withholding upon specific written findings; and

Original support order or
modification of that order must include support of child, or maintenance of a
spouse or former spouse and support of a child.

(Note: an award of alimony
alone does not provide the basis for income withholding within the state.)

Immediate income withholding
upon issuance or modification of a support order after October 31, 1990 without
regard to delinquency requirement unless good cause is demonstrated to the
satisfaction of the court; or

Obligee makes a written request to the Clerk
of Court that income withholding be implemented without regard to delinquency
requirement (Notice of Intent to Require Income Withholding); and

Original support order or
modification of that order must include support of child, or maintenance of a
spouse or former spouse and support of a child.

(Note: an award of alimony
alone does not provide the basis for income withholding within the state.)

Prerequisites for income
withholding order in Department of Social Service (IV-D) cases issued or
modified on or prior to October 31, 1990 include:

Amount of overdue support
payment equals at least one (1) month's support obligation; or

Obligor petitions and the
court orders immediate income withholding; or

Court orders immediate income
withholding upon specific written findings; and

Original support order or
modification of that order must include support of child, or maintenance of a
spouse or former spouse and support of a child.

(Note: an award of alimony
alone does not provide the basis for income withholding within the state.)

7.14.1
Procedures to Follow in Cases in which IMMEDIATE INCOME WITHHOLDING Applies:

Tasks:

Verify that
order includes support of a child.

Prepare
Notice of Intent to Require Income Withholding.

File stamp
Notice of Intent to Require Income Withholding.

Mail Notice
of Intent to Require Income Withholding by first class mail to obligor at
last known address or place of employment.

Complete
Certificate of Mailing.
File stamp Certificate of Mailing.

Fifteen
(15) days after mailing notice to obligor, prepare and serve Notice to
Withhold together with a Payor's Answer on payor unless a Petition to Stay Service is received
from the obligor.

If a Petition to Stay
Service is filed by the obligor within ten (10) days of the mailing of the
Notice, a hearing must be held within thirty (30) days of its filing. The Clerk
of Court must notify interested parties as to the date, time, and place of the
hearing.

The Notice to Withhold
shall:

a. Direct the payor to withhold the amount of the obligor's support
payment plus 5% court costs.

b. If an arrearage is
owed, direct the payor to withhold the additional
amount set to be paid toward the arrearage until the arrearage is paid in full.

c. Direct the payor to notify the Clerk of Court if health insurance is
available to the obligor for the child for whom child support is being
withheld.

d. State the rights,
responsibilities, and liabilities of the payor under
the section. Ex. The payor shall pay the amount
withheld to the clerk within ten (10) working days of the date income is
withheld.

7.14.2
Procedures to be Followed in Cases in which a DELINQUENCY IS REQUIRED:

Tasks:

Verify that
the order includes support of a child.

Verify that
at least one of the prerequisites for income withholding is applicable.

Prepare
Notice of Delinquency.

The Notice of Delinquency must include the current support obligation and
payment toward the arrearage. If no modification order exists which
establishes the amount to be paid toward the arrearage, the payment
toward the arrearage may be calculated by multiplying one (1) support
payment by .20 (20%).

7.14.3
Direct Pay Cases

PLEASE NOTE: IN A DIRECT
PAY CASE, THE OBLIGEE MAY INITIATE INCOME WITHHOLDING BY SIGNING THE NOTICE OF
DELINQUENCY.

In a direct pay case,
whenever wage withholding procedures take effect, the order to pay directly to
the obligee is superseded by the withholding process,
and the employer (payor) must pay the support through
the court. S.C. Code § 63-17-1430(B).

If an obligee seeks income withholding based on written request, signature of the obligee is required on the Notice of Delinquency.

File stamp
Notice of Delinquency.

Mail Notice
of Delinquency by first class mail to obligor at last known address or
place of employment.

Complete
Certificate of Mailing.
File stamp Certificate of Mailing.

Fifteen
(15) days after mailing notice to obligor, prepare and serve Notice to
Withhold together with a Payor's Answer on payor unless a Petition to Stay Service is received
from the obligor.

If a Petition to Stay Service is filed by the obligor within ten (10) days
of the mailing of the Notice, a hearing must be held within thirty (30)
days of its filing. The Clerk of Court must notify interested parties as
to the date, time, and place of the hearing.

The Notice of Delinquency
shall:

a. Direct the payor to withhold the amount of the obligor's support
payment, plus 5% court costs.

b. Direct the payor to withhold an additional amount toward any arrearage
until the arrearage is paid in full.

c. Direct the payor to notify the clerk if health insurance is available
to the obligor for the child for whom child support is being withheld.

d. State the rights,
responsibilities, and liabilities of the payor under
the section.

If the obligor in a IV-D case
is receiving unemployment benefits, the Child Support Enforcement Division of
DSS must notify the court so that the clerk can request that child support be
withheld from the unemployment benefits of the obligor if a delinquency occurs.

7.14.4
Changes that Affect the Notice to Withhold

The clerk must notify the payor of changes that affect the Notice to Withhold by
sending a Clerk's Notice of Modification, Suspension, Reduction or Termination
of Income Withholding or a copy of an Order of Modification, Suspension or
Termination of Income Withholding. Examples include:

Reduction of
Withholding

Upon satisfaction of an
arrearage, the clerk is to notify the payor to stop
collecting the additional amount for the arrearage.

Suspension of
Withholding

When the clerk cannot
deliver the income withheld to obligee.

Resumption of
Withholding

When the clerk relocates
the obligee and serves notice to reinstate to the payor.

Termination of Withholding

Upon petition by obligor
and order of the court when there is no longer a current order of support and
all arrearages have been paid.

7.15
UIFSA

The Uniform Interstate Family
Support Act which was effective July 14, 1994, replaced URESA in South
Carolina. UIFSA (S.C. Code § 63-17-2900 et seq.) provides a mechanism for enforcing child
support obligations when obligee and obligor live in
different states. Jurisdiction conferred for support enforcement under this
statute does not confer jurisdiction for other purposes. (S.C. Code § 63-17-3340).

UIFSA provides for direct
wage withholding. S.C. Code § 63-17-3510 effective June 10, 1997 provides "[a]n
income withholding order issued in another state may be sent by first-class
mail to the person or entity defined as the obligor's employer. . . without
first filing a petition or comparable pleading or registering the order with a
tribunal in this State." S.C. Code § 63-17-3560 provides the procedures an obligor
should follow to contest the validity or enforcement of an out of state income
withholding order. Code sections are found in the Cumulative Supplement.

Under UIFSA, the Clerk of
Court has different duties depending upon whether the action is an incoming
UIFSA, an outgoing UIFSA, a private case (Non-DSS), or a DSS case. An order
from another state may also be sent to South Carolina for Registration for
Enforcement. Registration of Foreign Support Orders is covered in the following
section.

OUTGOING UIFSA (INITIATING
TRIBUNAL) - Non-DSS Cases

Tasks:

Open DR
file.

Prepare
documents for mailing to responding jurisdiction.

Forward 3 copies of complaint and accompanying documents to:

(1) responding tribunal or support enforcement agency in responding state;
or

(2) state information agency of responding state with

a. request documents be
sent to appropriate tribunal and
b. receipt be acknowledged.

NOTE: No filing fee or
other costs for Non-IV-D outgoing UIFSA actions.

Mail to
responding jurisdiction.

Close case
file.

Upon
notification of entry of a support order, or collection of support
payments, prepare a payment case file.

As payments
are forwarded from the responding court, follow routine procedures for
receipting, posting, depositing, and disbursing payments. DO NOT TAKE
OUT 5% COURT COSTS.

OUTGOING UIFSA - DSS CASES
Please Note: Almost all UIFSA cases are IV-D which will come through DSS.

Tasks:

Open DR
File.

Assign a
case number.

Return
documents to DSS for DSS to mail the documents to the responding
jurisdiction.

Close case
file.

Upon
notification of entry of a support order, or collection of support
payments, prepare a payment case file.

As payments
are forwarded from the responding court, follow routine procedures for
receipting, posting, depositing, and disbursing payments. DO NOT TAKE OUT
5% COURT COSTS.

INCOMING UIFSA -
RESPONDING TRIBUNAL - Non-DSS CASES

Tasks:

A UIFSA
petition from another court should include the following:

1. Child Support
Enforcement Transmittal
2. Uniform Support Petition
3. Paternity Affidavit (if paternity is an issue in the case)
4. General Testimony

If required materials are
not included, contact initiating court to request missing items.

File
complaint and notify plaintiff by first-class mail where and when it was filed.

Open case
jacket, as for any other DR case.

Attempt to
locate obligor.

If obligor is located in another state or county, forward papers from the
initiating court to the court where the obligor is located.

Notify the initiating court of this action.

Close case
file in your court.

IF OBLIGOR IS FOUND IN
YOUR JURISDICTION, PROCESS AS A REGULAR SUPPORT CASE.

Upon entry
of an order by your court:

Send copy of support order by first-class mail to the plaintiff and the
defendant and to the initiating court (tribunal), if any.

Collect payments under this order and pay to the Clerk of Court in the
initiating court. Five (5%) per cent court costs shall be collected on any
support collected in South Carolina.

If requested by initiating court, furnish certified statements of payments
made by the obligor.

INCOMING UIFSA -
RESPONDING TRIBUNAL - DSS CASES

Tasks:

File
complaint.

Open case
jacket, as for any other DR case.

Serve copy
of summons with all attached documents on the obligor.

If unable
to locate obligor, return documents with affidavit of non-service to DSS.

Close file
in your court.

IF OBLIGOR IS FOUND IN
YOUR JURISDICTION, PROCESS AS A REGULAR SUPPORT CASE.

Upon entry
of an order by your court:

Collect payments under this order and pay to the Clerk of Court in the
initiating court. Five (5%) per cent court costs shall be collected on
support collected in South Carolina.

If requested by initiating court, furnish certified statement of payments
made by the obligor.

7.15.1
Registration of Foreign Support Orders

Effective July 14, 1994,
South Carolina passed the Uniform Interstate Family Support Act (UIFSA). Under
UIFSA, when a foreign support order is registered in South Carolina, the
support order cannot be modified or changed by South Carolina unless
specific conditions are met. These conditions are set out in S.C. Code § 63-17-3830 and
are very limited. The general rule is an order registered on or after July 14,
1994, cannot be modified or changed by the South Carolina courts.

To register a support order
or income withholding order of another state, the following documents are
needed:

(1) a letter of
transmittal requesting registration and enforcement.

PLEASE NOTE: THIS FORM
IS RETAINED BY DSS IN REGISTRATIONS SENT THROUGH THAT AGENCY.

(2) two copies, including
one certified copy, of all orders to be registered and any modifications of the
orders:

(3) a sworn statement
signed by the party seeking registration or a certified statement by the
custodial of the records showing the amount of any arrearage;

(4) the name of the
obligor and, if known:

a. the obligor's address
and social security number;
b. the name and address of the obligor's employer and any source of income of
the obligor; and
c. a description and the location of property of the obligor in this State not
exempt from execution; and

(5) the name and address
of the obligee and, if applicable, the agency or
person to whom support payments are to be remitted.

Tasks:

File in
Registry of Foreign Support Orders.

NO FILING FEE IS REQUIRED.

Open case
file.

Notify non
registering party (the obligor) of the registration by personal service or
mail (first-class, certified, or registered). Notice must include copy
of registered order and accompanying documents. PLEASE NOTE: IN DSS CASES,
DSS TAKES CARE OF THIS TASK. NO ACTION IS REQUIRED BY THE CLERK.

Notice must inform the non-registering party (obligor):

(1) Motion to contest validity or enforcement of registered order must be
filed within 20 days after date of mailing or personal service of the
notice;

(2) Amount of arrearage;

(3) Order will be confirmed if motion to contest not filed within 20 days.

(4) Registered order enforceable as of date of registration.

Reference: S.C. Code § 63-17-3710.

File order
and proceed to do wage withholding, or rule to show cause, etc. It is not
necessary to wait the 20 days to confirm registration of order. If the
obligor objects within the time limit, this stays the wage withholding, or
rule, etc.

If obligor requests a hearing to contest the validity or enforcement of
the registered order, the clerk must schedule the matter for hearing and
give notice to the parties by first-class mail of the date, time, and
place of the hearing.

7.16
Administrative Process

Under Administrative Process
(AP), the Child Support Enforcement Division of the Department of Social
Services (DSS) has jurisdiction to establish paternity and establish and
enforce child support in IV-D cases. Orders are established by CSED, and then
filed with the Clerk of Court's office. All orders shall contain the social security
number of the parties.

If a consent order is entered
at the negotiation conference between CSED and the obligor, a copy of the
consent order and proof of service is filed with the Clerk of Court. S.C. Code § 63-17-750(B).

Tasks:

Clerk date
stamps the order and assigns a case (docket) number.

Clerk
initiates wage withholding.

If no agreement is reached at the negotiation conference, CSED files the
notice of financial responsibility and proof of service with the clerk's
office and requests a court hearing.

If the obligor sends CSED a written request for a court hearing, CSED
files the written request for a hearing, the notice of financial
responsibility, and proof of service with the clerk's office and requests
the court set a hearing.

Clerk sets
hearing and notifies CSED of the court date. CSED sends notice to the
obligor and obligee.

If an obligor fails to appear for a negotiation conference or fails to
reschedule the conference or does not serve CSED with a written request
for a court hearing, CSED shall issue an order of default. The order of
default must be approved by the court.

Copy of default order, proof of service, and an affidavit of default must
be filed with the Family Court. S.C. Code § 63-17-760(B).

Clerk
date stamps order and assigns a docket number.

No court order for judgment or verified entry of judgment is required for
the Clerk of Court to certify past-due amounts of child support to the
Internal Revenue Service or State Department of Revenue and Taxation for
purposes of intercepting a federal or state tax refund or credit bureau
reporting.

Reference: S.C. Code § 63-17-710 et seq.

7.16.1
Administrative Liens

S.C. Code § 63-17-2710 authorizes the
Department of Social Services, Child Support Enforcement Division (CSED) or the
Family Court to establish child support arrearage liens whenever the amount due
is $1,000.00 or more. The liens will be registered in the office of the
Register of Deeds or the Register of Mesne Conveyances (RMC) in any county in the State where the obligor owns property. A
special index for the liens must be maintained by the RMC offices of each
county. The liens will encumber all real and personal property.

The lien expires upon
termination of the current child support obligation and full payment of all
unpaid child support or upon release of the lien by the CSED. The liens are
effective for six (6) years and may be extended for an additional six (6) year
period. "Expiration of the lien does not terminate the underlying order or
judgment of child support."

The Child Support Enforcement
Division of the Department of Social Services will provide the procedures for
indexing the liens to the RMC offices.

7.16.2
Administrative Subpoenas and Subpoena Duces Tecum

S.C. Code § 63-17-850 authorizes the
Department of Social Services to issue an administrative subpoena or subpoena duces tecum. DSS may assess a
civil fee of per occurrence for failure to obey a subpoena or subpoena duces tecum. Under S.C. Code § 63-3-530(43) the Family Court is authorized to enforce the subpoenas and the
fines.

7.17
Special Procedures

Several case types have
special filing or processing requirements. Although some have been mentioned
previously, they are grouped here for convenient reference.

7.17.1
Adoptions

Papers pertaining to
adoptions are confidential and should always be kept in a secure
location.

Adoptions are not recorded in
the Judgment Roll.

Following approval of an
adoption, certain records which carry the adoptee's name must be changed. To have the name changed:

Tasks:

File stamp
original Order and Certificate of Name Change and amendment of Birth
Record.

Prepare
certified copy of order for petitioner to send to State Registrar of Vital
Statistics, DHEC.

Complete
Part III, Certification of Clerk of Court, of Certificate of Adoption, or
forward to personnel responsible for these forms. Forward to S. C.
Department of Health and Environmental Control, Vital Records.

Reference: S.C. Code § 63-9-790.

7.17.2
Foreign Adoptions - Recognition and Domestication

In June 1997, the legislature
enacted procedures one must follow to obtain a Certificate of Foreign Birth
from the State of South Carolina for a child born in a foreign country who was
not a United States citizen at birth and whose adoption was finalized in a foreign
country.

Court Administration and the
DHEC have developed forms and guidelines for the facilitation of domesticating
foreign adoptions. These forms must be made available to the public upon
request at all county Clerks of Court offices and at DHEC offices (S.C. Code § 63-9-910).

The court shall review the
required documentation required by statute and, upon finding such documentation
satisfactory, shall issue an order stating that the documentation required has
been submitted, is satisfactory and that the foreign adoption must be
recognized and domesticated in South Carolina. The court shall transmit the
order and the certificate of adoption to the State Registrar of Vital
Statistics. Unless the court deems otherwise, a hearing is not required.

Foreign adoptions are not
recorded in the judgment roll.

As with domestic adoptions,
these matters are confidential and should always be kept in a secure
location.

7.17.3
Change of Name

A person who desires to
change his or her name may petition the Family Court in the appropriate
circuit. The petition should set forth the reasons for the change, his or her
age, place of residence and birth, and the name by which he or she desires to
be known. Effective July 20, 2002, Section 15-49-20 amended the requirements
for requesting a legal name change in family court. Now persons seeking to
change their names must provide to the court the results of a fingerprint and
criminal background check, an affidavit as to whether they are under an order
to pay child support or alimony, a statement from SLED stating whether they are
on the sexual offender registry, and a statement from DSS as to whether they
are on the Central Registry on Child Abuse and Neglect. This requirement does
not apply when parents are seeking to change names of children, or to adults
who are changing their name upon marriage or are seeking to return to maiden or
previous married names in divorce actions.

In the case of a parent who
wishes to change the name of his or her minor child, a petition should be filed
with the Family Court. The other parent, if there is one, must be named as a
party in the action. If there is no other parent, then the child must be named
as a party unless waived by the court. The court shall appoint a guardian ad litem to represent the child.

Reference: S.C. Code §§ 15-49-10 and
15-49-20.

The filing fee in an action
for change of name is $150.00 unless an Affidavit of Indigency is filed with the petition. If an Affidavit of Indigency is filed with the petition, see section under Domestic Relations Cases in Forma Pauperis.

Reference: S.C. Code §§ 15-49-30 and
8-21-310(11)(a).

Note: Each name change
should be handled by a separate petition and should receive a separate number,
even if the name changes are requested for several members of the same family.
Therefore, a filing fee would be required for each petition.

7.17.4
Domestic Abuse

The civil action of Petition
for Order of Protection was established in 1984. It is now available to
household members including spouses, former spouses, persons who have a child
in common, and a male and female who are cohabiting or formerly have
cohabited. (SC Code of Laws 20-4-20).

This civil remedy is in
addition to criminal charges such as assault, battery, and criminal domestic
violence (to name a few) that can be filed through the summary courts or court
of general sessions. The criminal domestic violence statutes are found in SC
Code of Laws 16-25-10 et seq.

The S.C. Bar has developed
and distributes a pamphlet for victims of abuse. Pamphlets may be ordered from
the S.C. Bar.

The clerks do not screen
petitions for relief and must accept any petition a petitioner wishes to file.
The clerk may, however, inform the individual that relief usually is not
granted unless physical abuse, sexual abuse, or the threat of physical abuse
has occurred, and that there are penalties for filing false petitions.

These cases are assigned a DR
case number. NO FILING FEE IS CHARGED FOR A PETITION FOR AN ORDER FOR
PROTECTION. THERE IS ALSO NO FEE FOR SERVICE.

A. Jurisdiction and
Venue

The Family Court has primary
jurisdiction in the civil action. However, because domestic abuse protection is
available 24 hours a day, special arrangements are provided for periods beyond
the normal business hours or if the court is not in session. At these times, a
magistrate can act upon an emergency protective order request; or another
family court within the county's judicial circuit that is in session may grant
further relief.

Petitions for protection from
domestic abuse should be filed in the county in which:

(1) the alleged act of
abuse occurred;
(2) the petitioner resides or is sheltered, unless the petitioner is a
nonresident of the State;
(3) the respondent resides, unless the respondent is a nonresident of the
State;
(4) the parties last resided together.

B. Forms

The forms and procedures used
by individuals seeking protection from domestic abuse have been designed to
expedite access to the court and a determination of the relief sought. There
are separate forms for the Family Court and the Magistrate's Court.

Additional forms are used by
the magistrates when they provide the initial contact with the petitioner
during hours when the Family Court is closed. These forms include:

Petition for Order of
Protection (for use in Magistrate's Court) (SCCA 744)
Order (for use by Magistrates Protection from Domestic Abuse Act (SCCA
745)
Magistrate's Order Denying Relief (SCCA 746)
Motion and Affidavit for Emergency Hearing (SCCA 742)
Transmittal Form for Documents, Protection from Domestic Abuse Cases (SCCA
747)

Any final action taken by a
Magistrate will be forwarded to the Family Court on the next business day with
a special certificate of transmittal (SCCA 424).

C. Hearings

Emergency hearings, when
requested by a special petition, are held within 24 hours of service
of the summons and petition upon the defendant.

Hearing may be held anywhere
in the circuit.

If a Family Court
appearance cannot be scheduled, refer petitioner to Magistrate.

Schedule emergency
hearings according to the procedures developed by the Chief Administrative
Family Court judge.

Should the court deny a
motion for an emergency hearing, or such a hearing is not requested, the
petitioner may request and the court shall grant a hearing with fifteen days of
the filing of the petition.

If no special request for a
hearing is made, schedule the matter in the same manner as for a temporary
hearing on child support, etc.

The court shall have a
copy of the petition served upon the respondent at least five (5) days prior to
the hearing.

D. Service of Process

The sheriff is responsible
for service of process in these cases. Explain local procedures to the
petitioner, as determined by the Chief Administrative Family Court Judge.

PLEASE NOTE: THERE IS NO
CHARGE FOR SERVICE IN DOMESTIC ABUSE CASES.

E. Orders

An Order of Protection must
be for a fixed time not less than 6 months or more than one (1) year.
It may be extended or terminated by order of the court upon motion of either
party showing good cause and notice to other party.

To ensure that those affected
by orders issuing from these proceedings are notified, the following procedures
should be followed:

Tasks:

File
original order.

Make
certified copies, without charge, of the Order for Protection for
distribution to all persons, agencies listed in Item J. of the Order (SCCA
426).

This should include:

Petitioner
Respondent
Local law enforcement agencies with jurisdiction in area of petitioner's
residence and employment.

Mail or
serve copies.

Reference: S.C. Code § 20-4-80.

F. Reconciliation

If the parties reconcile, a
dismissal order may be issued by the court, without a hearing if the
petitioner appears personally at the clerk's office, shows proper
identification, and signs a written request to dismiss the order based on the
reconciliation.§ 20-4-70(A).

7.17.5
Abortion for Minor - Judicial Consent

An unemancipated minor (under the age of 17) who lacks consent from a parent, legal guardian,
grandparent, or someone standing in loco parentis to her, is required by S.C. Code § 44-41-31 to obtain judicial consent before receiving an abortion. This petition
may be filed in the Family Court or the Court of Common Pleas. There is no
filing fee required. The Clerk of Court must process these cases quickly
and confidentially.

Have Minor
Fill out and File Petition

Provide the minor with a set of instructions (SCCA 460) and a petition for
an order concerning an abortion for a minor (SCCA 461). If she needs
assistance in completing the petition, refer her to the Adoption and Birth
Parent Services Division of the Department of Social Services or, if she
so desires, go ahead and appoint an attorney to represent her.

This procedure requires protection of anonymity of the minor. It is
recommended that you not ask the minor her name, and that you talk with
her in a private office. File the petition in the name "Jane
Doe." Upon filing of a sealed declaration of identity, stamp the
case number on the original declaration of identity. Make a certified copy
of the declaration and give this copy to the minor. File the original in a
sealed envelope. The entire file must also be kept under seal at all
times.

The petition contains a statement of indigency.
If the minor checks that paragraph, no filing fee is required.

The hearing must be held within seventy-two (72) hours of the time of the
filing the petition; therefore, advise the minor to file in the court that
will be most readily accessible to her, either the Family Court or the
Court of Common Pleas. Assign a DR number to cases filed in Family Court,
and a CP number to cases filed in Circuit Court. If neither court is in
session, contact the Chief Administrative Judge. He/she should provide you
with direction on scheduling the hearing in another county in your circuit
or assigning a judge to your county within the seventy-two (72) hour time
limit. If the site of the hearing is changed to another county in your
circuit, call the Clerk of Court in that county while the minor is present
and obtain the following information:
1. Time, date, and place for hearing.
2. Name, address, and telephone number of guardian ad litem;
3. Name, address, and telephone number of attorney (if
the minor requests legal assistance).

Use this information to complete the
notice of hearing form (SCCA 462; see paragraph B). Forward certified
copies of all the documents in the file to the Clerk of Court of the new
hearing site. Special arrangements (i.e., sheriff's service) may be
required to insure delivery of the documents in time for the
hearing.

Complete
Notice of Hearing Form (SCCA 462)

The form should indicate the following:

1. Time and Date for Hearing. The seventy-two (72) hour time limitation
may be extended only upon request of the minor, S.C. Code § 44-41-32 gives these
cases precedence over other matters pending before the court. If at all
possible, try to schedule the hearing for the next business day. The
72-hour period is an outside limit, designed to allow hearings on
Mondays for cases filed on Fridays.

2. Name of Guardian Ad Litem Appointed. If the
minor has a preference, telephone that person and verify acceptance.
Inform him/ her of the time, date, and place of the hearing and schedule
an appointment for the guardian to meet with the minor. If the minor has
no preference, appoint a guardian ad litem as
directed by your Chief Administrative Circuit or Family Court Judge. Call
the GAL to verify acceptance of appointment and availability, and notify
that person of the appointment and the time, date, and place of the
hearing. You may assist the minor in setting up an appointment for the GAL
to meet with the minor. Follow this up by mailing the guardian a copy of
the notice and the petition.

3. Name of Attorney Appointed. If the minor asks for an attorney in her
petition, the Clerk of Court shall appoint her an attorney as directed by
the Chief Administrative Family or Circuit court judge. Telephone the
attorney immediately to verify acceptance of appointment and availability
and notify that person of the appointment and the time, date, and place of
the hearing. You may assist the minor in setting up an appointment for the
attorney to meet with the minor. Follow this up by mailing the attorney a
copy of the notice and the petition.

4. Name of Person Designated to Receive Notice on Behalf of Minor. If the
minor, in her petition, designates a person of her choosing to receive
notice, fill in Item Four (4) of SCCA 462 and mail a copy of the notice
and petition to that person. Please note that the minor may choose not to be served with papers herself or through a designated person.

Hearings
Closed to Public

All hearings concerning this procedure must be closed to the public.
Family Courts have experience with closure of hearings, but Courts of
Common Pleas may not. In a Court of Common Pleas, arrange for a suitable
courtroom, remind the bailiff to clear the courtroom, schedule the matter
before calling the roster, etc. Likewise, all records concerning these
cases must be sealed. In a Court of Common Pleas, follow the procedure in
this manual regarding confidentiality and the sealing of Family Court
records.

Order of
the Court

Provide the presiding judge with an "Order Concerning Abortion for
Minor" (SCCA 463). The court must rule on the merits within the
seventy-two (72) hour time limit; therefore, the judge will likely make
his or her decision in open court. If the judge chooses to use the form
order, at the conclusion of the hearing obtain the completed form and
immediately serve copies of the Order on all interested parties. Personal
delivery is strongly recommended.

Appeals

Notice of intent to appeal must be filed by the minor within seventy- two
(72) hours from the date the Order is received. Provide her with Form SCCA
465 (Notice of Intent to Appeal). Upon this filing, the Clerk of Court
should immediately notify S.C. Court Administration by telephone so that
Court Administration can request the court reporter to prepare a
transcript within ten (10) days. The court reporter will forward the
transcript directly to the Supreme Court. The clerk will prepare certified
copies of all documents in the file and forward them to the Clerk of the
Supreme Court immediately upon receipt of notice from the minor. If the
minor is not represented, strongly recommend that she obtain counsel for
the appeal to the S.C. Supreme Court.

The Clerk of Court may appoint counsel if she cannot afford one. Notify
the attorney by telephone, make an appointment for the minor to see her
attorney, and follow up with a letter to the attorney. An attorney
appointed to represent the minor at trial must continue representation
through appeal unless otherwise relieved by the court. If the minor wishes
to prepare a memorandum of law or a brief, it should be filed with the
Supreme Court within ten (10) days of filing the Notice of Intent to
Appeal.

7.18
Confidentiality in the Family Court

The sensitive and personal
nature of matters handled in the Family Court require special handling of the
records and proceedings of the court. Specific Code provisions detail who may
have access to certain records and hearings. Strict adherence to these
provisions is required of the clerk.

7.18.1
Court Records

Two levels of confidentiality
exist for certain Family Court records:
those that are required to be sealed and those that are deemed to be confidential.
Records which are sealed should be filed in a locked cabinet or maintained in a
restricted access file area along with the confidential records.

Any person engaged in
bona fide research purpose with written permission of and with any limitations
imposed by the State Director of the Department of Social Services. Person
appointed as child's guardian ad litem pursuant to S.C. Code § 63-7-1620.

Child's attorney.

7.18.3
Providing Copies

The clerk's office is
frequently requested or required to provide copies of documents and records to
the court or to the public. Policies for charging for public copies are set
locally but should be published and applied uniformly. Fees for certified
copies are set by statute.

Regular
copies. Depending on the arrangement of the office, copies may be made by
members of the public or by a staff person. Procedures should be established
so that documents to be copied are returned promptly to their original
location.

Certified
copies. Certified copies require official notation on the document that
the copy is a true copy of the original. To prepare certified
copies:

Although the State
Constitution provides that "All courts shall be public," special
statutory provisions have been made to permit or require exclusion of the
public from certain Family Court hearings.

S.C. Code § 63-3-530(27) authorizes the
Family Court to exclude the public from the courtroom in proper cases.

S.C. Code § 63-3-590 requires exclusion
of the general public from all cases with children and permits the judge to
admit only those with a direct interest in the case or in the work of the
courts. The constitutionality of this section has been upheld in Ex Parte
Columbia Newspapers, Inc., [333 S. E.2d 337 (S. Ct. 1985)].

S.C. Code § 44-41-34(D) requires
exclusion of the public from hearings concerning abortions for minors.

7.18.5
Abortion for Minors - Procedures for Processing

Pursuant to S.C. Code § 44-41-32,
"Every minor has the right to petition the court for an order granting her
the right to obtain an abortion without the consent required in S.C. Code § 44-41-31(1)." This section continues to set out the following procedures
for such a request:

(1) The minor may prepare
and file a petition in either the circuit or family court. The petition may be
filed in the name of Jane Doe to protect the anonymity of the minor.

(2) The Adoption and Birth Parent Services Division of the Department of Social
Services, upon request of the minor, must provide assistance to the minor in
preparing and filing the petition. Preparation and filing of the petition must
be completed within forty-eight hours after the request. The Department of
Social Services shall promulgate regulations establishing the procedures to be
followed in providing this assistance.

(3) Upon the filing of the petition, the court shall appoint a guardian ad litem for the minor, taking into consideration the
preference of the minor. The minor may participate in court proceedings on her
own behalf, but the court shall advise her that she has a right to
court-appointed counsel and shall provide her with counsel upon her request.

(4) All proceedings pursuant to this section must be given precedence over
other matters pending before the court.

(5) The court shall hold a hearing and rule on the merits of the petition within
seventy-two hours of the filing of the petition. This time may be extended
upon the request of the minor. The court shall consider the emotional
development, maturity, intellect, and understanding of the minor; the nature
and possible consequences of the abortion and of the alternatives to the
abortion; and other evidence that the court may find useful in determining
whether the minor should be granted the right on her own behalf to consent to
the abortion or whether the abortion is in the best interest of the minor.
"

7.19
Domestic Relations Cases In Forma Pauperis

When SCCA 405F, Motion and Affidavit to Proceed In Forma
Pauperis is filed, the clerk must establish a case number and case file before
presenting the motion to the judge for consideration. If the motion is denied
and payment of filing fees and other associated fees are not paid on or before
the due date set by the court, the case may be dismissed without further order
of the court. Clerks should use disposition code “3” to properly end the case.

You may click
here to view the administrative order approving the use of the revised SCCA
405F.

7.19.1
Filing for Divorce by Indigent Plaintiffs

If a litigant files an
affidavit of indigency along with a domestic
relations action, NO FILING FEE SHOULD BE COLLECTED. It is not necessary
for that litigant to obtain a court order to proceed in forma pauperis (without payment of a filing fee). On March 25,
1992, the S.C. Supreme Court issued an Order in the case of Ex Parte: John
Wayne Rice. In its order, the Court ruled that the Family Court must allow an
indigent plaintiff to proceed without costs, which includes service of process.
To do otherwise, is to deny the petitioner due process. Boddie vs. Connecticut, 401 U. S. 371, 91 S. Ct. 780 (1971) requires that states
permit indigent persons to bring domestic actions without payment of court
fees.

The clerk may notify the
Family Court judge that the action was filed in forma pauperis,
so that the judge may inquire into the facts of indigency at a later scheduled hearing. If the judge determines that the person is
capable of paying the fee, he can direct that the fee be paid to the
clerk.

7.19.2
Service of Process - NO FEE FOR INDIGENT PLAINTIFFS

No fee for service shall be
charged an indigent plaintiff. The clerk is advised to forward a copy of the
summons and complaint filed by the indigent plaintiff directly to the sheriff
for service. A copy of the affidavit of indigency may
be attached to the copy of the papers.

7.19.3
Change of Name by Indigent Plaintiff

The filing fee and service of
process fee must also be waived in cases in which an indigent plaintiff files a
petition to change his or her name.

7.19.4
Pro Se Litigants in Family Court

In Ex Parte: John Wayne Rice,
the court also ruled that "if petitioner established he was indigent, the
Family Court had to allow him to represent himself in any marital
litigation." Therefore, the plaintiff must be allowed to proceed without
an attorney.

7.20
Appeals

Appeals from judgments,
orders, and decrees in Family Court are initiated by the parties directly to
the appellate court. The Clerk of Court receives a copy of the Notice of Intent
to Appeal which must be filed and later files the original Transcript of
Record, copies of which will be filed with the Clerk of the Court of
Appeals.

Further involvement in the
appeal by the Clerk of Court follows on order from the appellate court.

Send materials to
appellate court or give to that court's representative.

File receipt in case
jacket when received.

Return materials to
original location when returned by appellate court.

File order in case
jacket.

Upon
notification of a judgment by appellate court:

File stamp the
Judgment.

If original judgment was
enrolled, note result of appeal in Judgment Roll.

Take action ordered by
appellate court.

If remanded, reactivate
case.

--Use
original case number with "A" added to the end of the case
number.

--The
case will then be placed at the top of the docket.

File decision in case jacket.

7.21
Reporting Requirements

The development of the
statewide information system has reduced the burden upon the clerks of court
for reporting various types of information to other agencies. Some direct
reporting requirements remain, however, for non-financial aspects of the Family
Court clerk's responsibilities.

7.21.1
Non-Financial

Report

To

Timing

*

Certificates
reporting divorces/annulments

Reference: S.C. Code § 20-3-230.
Administrative Order from 1987.

Division of
Vital Statistics

Within 30 days
of filing the decree.

*

Certificates
of Adoption (not handled by child placing agency)

Reference: S.C. Code § 63-9-790.

Division of
Vital Statistics

Within 30
days of filing the decree.

7.22
Information Access

Much of the information filed
in the Clerk of Court offices is of interest to the public. With few
exceptions, these are public records which may be viewed on request. Some
degree of control, however, must be exercised over when and where materials may
be reviewed.

Judgment rolls are in great
demand by title searchers, while individual case files may be of interest to
individuals or the media. In any event, these are all official records of the
court, and the Clerk of Court is responsible for their integrity.

7.23
Exhibits: Their Acceptance, Storage, and Disposition

Exhibits are introduced as evidence in court proceedings to support litigation.
No matter what form the exhibit takes, it should be properly controlled and
carefully monitored until returned or destroyed pursuant to an order of the
court. Each exhibit should be considered a one of a kind item that is
irreplaceable if lost, stolen, or misplaced. In South Carolina it is the
responsibility of the court reporter to mark exhibits during a trial and
annotate the exhibit index, list, or log.

On August 6, 1997, the S. C.
Supreme Court issued an Order adding Rule 606, SCACR concerning the Retention and
Disposition of Exhibits in the Circuit and Family Courts to the South Carolina
Appellate Court Rules.

7.23.1
Maintenance of Exhibits During a Trial

Although the exhibits should
be maintained by the court reporter during the trial, during court recesses and
lunch hours, any narcotics, weapons, money, or other valuables should be turned
over to the Clerk of Court to be secured in a locked file cabinet. These
exhibits should be returned to the court reporter prior to the trial resuming.
An annotated copy of the exhibit list may be used to transfer such
exhibits.

7.23.2
Transfer of Exhibits

The Clerk of Court must
receive all exhibits which have been introduced as evidence after the
completion of a day's proceedings or at the completion of a trial. A receipt
should be used to establish the transfer from the court reporter to the Clerk
of Court. (A copy of the exhibit list would suffice.) The clerk has
responsibility for the exhibits once received.

7.23.3
Storage of Exhibits

The clerk should place
exhibits in a secure room used exclusively for the retention of exhibits,
immediately after receiving the exhibits from the court reporter. Exhibits must
be stored in an area that is secure. All exhibits from the same case should be
stored together. Many clerks place all exhibits from one case in a heavy
envelope, record the case number on the envelope, and file it numerically. Some
clerks also record the case caption on the envelope.

Items that are too big to be
placed in an envelope may be placed in a box for storage. The box should have a
securable lid. The box must clearly identify the case number. No other evidence
should be placed in the box.

There must be extremely
restricted access to the exhibit storage area. The number of staff members
responsible for access to the storage area should be as small as possible. No
unauthorized person should be left unattended in the exhibit room.

7.23.4
Removal of Exhibits

When a request to remove an
exhibit is made, the clerk (or an appointed staff member) should retrieve the
requested exhibits. A list of the exhibits removed should be completed with a
notation as to the date of removal, the requesting individual, the staff member
who made the removal, and, if appropriate, the destination of the exhibits
(i.e., to the Supreme Court on appeal).The list should remain with the inventory list in the exhibit
room during the time of review. The list should be completed whenever exhibits are removed from the exhibit room, regardless of the reason for their
removal. Clerks may use SCCA 497 – Exhibit of File Release to manage this process.

When the exhibits are placed
back in the exhibit room, notations should be made on the list prepared when
the exhibits were removed which reflect the date of return, the inventory
check, and the name of the person to whom the exhibits were returned.

7.23.5
Viewing of Exhibits

When a request is made by an
individual to view exhibits, they should be viewed in a public area that is
supervised by the clerk's staff. This does not apply when exhibits are
physically transferred to another location. Physical transfer of any exhibit
should be well documented and closely monitored. When the review is complete
and the exhibits are returned, they should be examined in conjunction with the
inventory list to make sure that all of the exhibits are in order and all are
accounted for; the exhibits should be taken directly to the exhibit room and
placed in their proper order.

When ordered by the court,
exhibits may be returned to the submitting party 60 days after final judgment
has been entered, and the time for appeal has elapsed. If an appeal was sought
and has been decided, the exhibits may be returned 60 days after the remittitur is sent by the appellate court.

The clerk shall return
exhibits to the submitting party in the following method:

(a) The clerk should prepare the paperwork necessary
authorizing the return or destruction of the
exhibit subject to notice being provided to the submitting party. Clerks may use SCCA 498 – Notice of Exhibit/Property Destruction to notify the submitting party and use SCCA 499 – Exhibit Disposition when the exhibit or property is reclaimed, destroyed, or delivered to the party by the Clerk of Court.

(b) Prepare a notice of
the order and mail it to the attorney who submitted the exhibits. This notifies
the attorney that the exhibits will be destroyed if they are not picked up
within 30 days.

(c) If the notice is
returned as undeliverable, the clerk will make every reasonable effort to
locate the attorney (by telephone, through the South Carolina Bar, etc.) and
shall send a subsequent notice to the attorney or party at the proper
address.

(d) If the notice is
returned as undeliverable and attempts by the clerk to locate the party have
been unsuccessful, when 30 days have elapsed since the notice was sent, the
clerk may complete an affidavit and proposed order for disposal of the exhibits
and submit it to the Chief Administrative Judge for approval and
signature.

(e) Disposition of
Unclaimed Exhibits. Except as otherwise provided by law or order of the court,
an exhibit which is not reclaimed becomes the property of the county and the
clerk shall deliver the exhibit to the county; provided, however, if the
exhibit has no value or de minimis value, the clerk
may destroy the exhibit.

(f) A record of exhibits
which have been disposed of should be maintained. This should include the case
number, case name, date notice sent, date of disposal, and description of
exhibits.

7.24
Court Security

At one time, court security
was a matter of concern only during high-risk or controversial trials. However,
in recent years, court security has become a daily concern to everyone who
works in or around the court in most jurisdictions around the country. Security
incidents are not only sensational headline seeking events and disaster, but
also daily occurrences which could disrupt court activity such as medical
emergencies, fires, and minor disturbances in the hallways.

Court security can be defined
as the procedures, technology, and architectural features needed to ensure both
the safety of people and property within the courthouse and nearby grounds and
the integrity of the judicial process. Security is needed on a daily basis, not
just during special trials, but must not be so visible as to become
repressive.

Establishment of a local
committee comprised of representatives of the court, local law enforcement
agencies, and others with responsibility for or concerns about court security
can be a useful mechanism for planning, implementing, and improving security
measures. One person should be responsible for overall courthouse security,
usually from a local law enforcement agency. However, involvement of the
clerk's office is central to the effectiveness of any security plan because the
clerk's staff and bailiffs are present in the offices and courtrooms where
incidents are likely to occur.

Familiarity with a security
plan by all personnel can foster a security conscious attitude that will allow
many types of incidents to be taken care of in the normal course of business.
Plans should be designed to facilitate an immediate and appropriate response to
any sudden and extraordinary situation, as well as to address routine security
concerns for personnel and funds in the courthouse. Emergency planning should
address responses to fire, bomb threats, major medical emergencies, prisoner
escapes, floods, either from bursting pipes or weather, disturbances in the
courtroom or public areas, and hostage situations.

The effectiveness of the
emergency and general security plans depends on how current they are, whether
or not they are practiced by court personnel, and whether or not they are
understood by everyone working in the system. Documented emergency plans are a
component of good management and may save lives and prevent or reduce injuries.
They also avoid liability and support operations during or after an emergency
situation.

Tasks:

General:

Clerk's office personnel
should be aware of courthouse security, emergency and contingency plans.
Training in emergency procedures should be provided to clerk's office
personnel.

Clerk's
Office:

Clear policies should be
developed addressing:

Security of Funds

Response to robbery and
burglary

Records security and
access to files

Personal security
procedures for self-defense and risk avoidance such as working after
hours

Dealing with hostile
individuals

Procedure for bomb
threats

Basic rules for hostage
situations.

Courtroom
Security:

Bailiffs and clerks
should be instructed on signs of potential disturbances.

Emergency procedures for
notification of law enforcement agency should be established and
practiced.

Emergency evacuation
procedures for fire and bomb threats should be established. ·

Corridors
and Public Areas:

All personnel should be
instructed in signs of a potential disturbance and who to notify.

7.25
Forms Management

Forms are the tools of the
trade in the clerk's office. They comprise a large percentage of the
communication to and from the court. Proper management of forms can help ensure
an orderly workflow and a more efficiently run court system in general. A good
forms management program can stem the proliferation of unnecessary forms, help
to improve forms design, and control costs. As a starting point a catalog or
list of all the forms used in the court should be developed, and a record kept
of the quantities used.

Many of the forms used in the
Family Courts are designed by Court Administration. Some are preprinted and
mailed in bulk to the clerks. Samples of others are provided for printing in
the county. The forms section is located here.

Because of the needs of each
court require the development of additional forms for local use, a similar
listing of local forms should be developed and updated periodically.

Similar listings should be
complied for county or state agency forms used.

Tasks:

Develop a
list of all forms used in the clerk's office by type of form.

Organize
each category. One approach might be by type of form or user:
Internal Administration
Financial forms
Forms provided to Attorneys
Forms provided to the Public.

7.26
Transfer of Cases

Occasionally, a case that was
filed in a particular Family Court may not be heard there. Instead, it may be
sent to a family court in another county if a judge recuses himself, or if the defendant is a resident of another county. When either of
these circumstances arise, the Clerk of Court must forward the records to the
appropriate office.

Tasks:

Upon
receipt of order to transfer the case to another court:

File stamp order.

Enter order in the computer.

Make certified copies of
all documents in case jacket and place in chronological order in the case
jacket.

Make docket entry showing
case status.

Forward original case
documents, together with a certified copy of the order and a transmittal
acknowledging receipt for use by receiving court, to the court as directed in
the order.

Upon
receipt of case transferred into your court:

Consider order for
transfer as the case initiating document and treat it as a new case.

Assign the next available
case number.

Use the date the case was
received in your court as the filing date.

If transmittal was sent
by original county, return it to that county.

Process as any other case
filed in your court.

7.27
Juvenile Cases

Juvenile cases include
allegations of violations of state law or municipal ordinances by individuals
under the age of seventeen. They are initiated by petitions filed by the
Department of Juvenile Justice (DJJ) and prosecuted by the solicitor. Hearings
are closed to the public, and the Clerk of Court has such in court
responsibilities for these actions as may be required by the Chief
Administrative or Presiding Judge. Further, S.C. Code § 56-1-745 et seq. requires that
the driver's license of any person convicted of certain offenses be revoked or
suspended, and the Clerk of Court is responsible for the confiscation of the
driver's license and/or notification to the South Carolina Department of Public
Safety if no license is available.

Confidentiality

Juvenile
records are confidential and are assigned a JU case number. However, when a
juvenile is bound over to the jurisdiction of the circuit court, the
confidentiality provisions do not apply. Reference: S.C. Code § 63-19-2040.

Case Initiation

Juvenile cases are initiated
by filing a petition with the Family Court. In some counties, a petition,
summons, and notice are filed. No filing fee is required for juvenile
petitions.

The petition must be verified
and may be upon information and belief. It shall set forth plainly:

(1) the facts which bring the
child within the purview of this article;
(2) the name, age, and residence of the child;
(3) the names and residences of the child's parents;
(4) the name and residence of a legal guardian, if there is one, of the person
or persons having custody of or control of the child, or of the nearest known
relative if no parent or guardian can be found. If any of these facts are not
known by the petitioner, the petition shall state that.

Assigning Case Numbers

Juvenile cases are assigned a
"JU" number. Each case number identifies the year (two digits), court
(JU), county (numeric code), sequential number of that case within a given
calendar year. For example: case number 98-JU-40-0150 would be the 150th
juvenile case filed during 1998 in Richland County (#40 on the county code
list).

Case numbers are assigned
when a case-initiating document is filed. In juvenile cases, this is a
petition. The case number is entered on the original and all copies of the
document.

Juvenile delinquency cases
should be numbered separately from domestic relations cases. In juvenile
delinquency matters, each charge should receive a separate number. This is
necessary because each charge is disposed of separately. All charges should be
recorded under status notes in the computer system. However, the
clerk may place all documents pertaining to the same individual within one case
file. The clerk must be sure to reference all case numbers on the outside of
the case file.

Truancy cases brought against
either the student or his parents should receive "JU" numbers.

7.28
Juvenile Court Docket

If not otherwise prepared by
the judge's secretary, the Clerk of Court, at the direction of the Chief Judge
of the Family Court, prepares a docket of all domestic relations matters to be
heard by the court. Juvenile cases are usually scheduled by the solicitor. The
solicitor schedules the JU cases on the days reserved for JU matters. Most
courts set aside certain days or blocks of time in which these matters are to
be heard (for example: every Thursday).

Tasks:

Distribute
copies of docket to:
Judge
Attorneys representing parties
DJJ
Solicitor
Guardians ad litem (if
applicable)
NOTE: If a docket is posted, Juvenile hearings should either be deleted
from the docket or be shown by case number only to assure confidentiality
of the matters.

7.29
Continuances

Continuances may be granted
by the judge for good cause upon motion by a party, or upon the court's own
motion.

7.30
Hearings

Hearings in Juvenile cases
are generally closed to the public and only persons who have a direct interest
in the case or the work of the court may be admitted. In Juvenile cases, it is
not uncommon for the Clerk of Court to have no in court duties. The solicitor,
Department of Juvenile Justice representative, or the judge will provide the
necessary information or papers to the clerk following the hearing. The judge's
secretary frequently sends out orders.

Tasks:

If a
juvenile is adjudicated for any offense for which his driver's license will
be revoked, suspended, or issuance delayed:

Collect driver's license
or if there is no clerk in the courtroom, have someone in the courtroom collect
the license (i.e. solicitor, DJJ or the judge.)

If officer is present,
request the pink and yellow copies of the ticket, if a ticket was issued.

(See section on procedures for reporting juvenile adjudications
to the Department of Public Safety and the Department of Natural
Resources.)

7.31
Dispositions

When a case has been disposed
of in a Juvenile matter, the official records on the case must be closed, and
the case jacket moved to the appropriate storage area.

270 Day Administrative
Order (Rescinded by Order March 1, 2006)

A case that has been stricken
by the Clerk of Court may be restored to the docket only upon written order of
the Chief Administrative Judge, obtained after written application is made and
good cause shown.

Continue to
file papers for any case that is stricken. If a final order is filed,
update docket sheet or computer screen with appropriate disposition
information. Notify Court Administration of corrected final disposition
information. It is not necessary to restore a case if a final order is received.

If the case
is later restored, complete a new docket sheet or enter the case in the
computer, using the original case filing date and case number with an
"R" suffix added to it.

7.31.1
Closing Case Records

Once a case has been disposed
of, the case records must be closed. Court Administration must be advised of
the disposition, and the file itself moved to the proper ended file storage
area.

Tasks:

End case.

Record date the order was
filed with the clerk's office as the date of final disposition.

Enter code for judge who
signed final order as the judge at disposition.

If the solicitor disposed
of the case, use the solicitor's code.

Place original docket
sheet in ended cases file in case number order.

Place case
jacket in appropriate ended cases files.

7.32
Expungement of Juvenile Records

When allowed
by statute (S.C. Code § 63-19-2050), an individual may petition the court “for an order
destroying all official records relating to: (1) being taken into custody; (2)
the charges filed against the child; (3) the adjudication; and (4)
disposition.”

Current
statutory provisions apply to juveniles “adjudicated delinquent for having
committed a status or a nonviolent offense…However, a person may not petition
the court if he has a prior adjudication for an offense that would carry a
maximum term of imprisonment of five years or more if committed by an adult. In
addition, the court must not grant the order unless it finds that the person
who is seeking to have the records destroyed is at least eighteen years of age,
has successfully completed any dispositional sentence imposed, and has not been
subsequently charged with any criminal offense.”

If expungement is approved by
the court, the clerk must remove all reference to the expunged action from the
court records. If there are no court records to expunge, the clerk may place the signed order in a file and store it in a confidential, locked, restricted area with other orders to expunge.

Tasks:

Receive and
process signed Motion and Order for Expungement of Juvenile Records (SCCA
492) from solicitor and fee pursuant to S.C. Code § 8-21-310(21), if applicable.
File stamp, etc.

Review
order and record to determine the specific charges involved.

Physically
destroy all file documents, except the order of expungement, relating to
the particular charge(s) or conviction(s).

Obliterate
or blot out all references related to the case, such as those found on
indices, journals, etc. For EDS, be sure that once all information
relating to the identity of the successful petitioner is removed from the
EDS by:

- replacing the name field
with "EXPUNGED, MONTH YEAR"
For Example: EXPUNGED, MARCH 1999
- Address and City fields should be filled in with "Z"
For Example: Address: ZZZZZZZZZZZZZZ City: ZZZZZZZZZZZ
- Zip Code should be replaced with "99999"
- Social Security Number should be replaced with "888-88-8888"
- Driver's License number should be replaced with "999999999"
- Transmit modified record to Court Administration to update the state's
database

Provide the
solicitor’s office with the number of requested certified copies of the
order. The solicitor’s office will distribute all copies as necessary.

File
original order with other orders of expungement in a locked, restricted
access file.

NOTE: An internal index
also may be kept under lock and key for retrieval purposes in the event a
question is later raised as to whether a particular criminal record should have
been destroyed.

7.33
Reporting Juvenile Traffic or Wildlife Offense Adjudications

S.C. Code § 63-3-520 of the Code of
Laws of South Carolina requires that family courts "report to the
Department of Public Safety all adjudications of a juvenile for moving traffic
violations and other violations that affect the juvenile's privilege to operate
a motor vehicle including, but not limited to, controlled substance and alcohol
violations as required by other courts of this State pursuant to S.C. Code § 56-1-330 and
shall report to the Department of Natural Resources adjudications of the
provisions of Title 50."

Tasks:

The Clerk
of Court is responsible for reporting juvenile adjudications to the
appropriate agency. The reporting documents for the Department of Public
Safety are the pink and yellow copies of the uniform traffic ticket. The
reporting documents for the Department of Natural Resources are the green
and yellow copies of the Arrest Report and Trial Summons. These documents
will not usually be available as juvenile cases are initiated in the
family court by petition not by ticket or summons.

7.34
Confidentiality in Juvenile Cases

The sensitive and personal
nature of juvenile cases require special handling of the records and
proceedings of the court.

7.34.1
Court Records

Juvenile records are
confidential. Records should be filed in a locked cabinet or maintained in a
restricted access file area. Access to confidential records is limited to
those with a legitimate interest in the proceeding.

Reference: S.C. Code § 63-19-2010.

7.34.2
Persons Who May Have Access to Confidential Family Court Records

Delinquency proceedings -
court records

Legal counsel of
juvenile.

Persons having a
legitimate interest with judge's consent.

Anyone with an order from
the judge.

Anyone defending against
an action initiated by the juvenile.

Solicitor.

7.34.3
Hearings

Special statutory provisions
have been made to permit or require exclusion of the public from cases
involving children. § 63-3-530 (27) authorizes the Family Court to exclude the
public from the courtroom in proper cases.

S.C. Code § 63-7-590 requires exclusion
of the general public from all cases with children and permits the judge to
admit only those with a direct interest in the case or in the work of the
courts. The constitutionality of this section has been upheld in Ex Parte
Columbia Newspapers, Inc., [333 S.C.2d 337 (S.Ct.
1985)].

7.35
Appeals

Appeals from the decision of
the family court judge in juvenile matters are directed to the South Carolina
Court of Appeals. The fact that an appeal has been applied for or is pending
before the Court of Appeals does not suspend the order of the Family Court
regarding the child, and the child remains in the custody of the court, person,
institution or agency to which the child has been committed. Reference: S.C. Code § 63-5-580.

The Clerk of Court receives a
copy of the Notice of Intent to Appeal which must be filed and later files the
original Transcript of records, copies of which will be filed with the Clerk of
the Court of Appeals. Further involvement in the appeal by the Clerk of Court
follows on order from the appellate court.

Send materials to
appellate court or give to that court's representative.

File receipt in case
jacket when received.

Return materials to
original location when returned by appellate court.

File order in case
jacket.

Upon
notification of a judgment by appellate court:

File stamp the
judgment.

7.36 Post
Conviction Relief (PCR)

When an application for
post-conviction relief is filed in a juvenile action, it is filed in the Family
Court. The action will be heard in the Family Court of the county in which the
conviction took place. Although a filing fee is required for PCR cases, the fee
may be waived if the Application for Post-Conviction Relief is accompanied by a
signed and notarized Application to Proceed Without Payment of Cost and
Affidavit in Support Thereof.

Reference: S.C. Code § 63-3-640.

Note: Unless the Attorney
General's Office advises to the contrary, a PCR application in a juvenile case
will be handled in the same manner as other PCR applications with the exception
it will be filed in Family Court and will be given a DR number.

Application for
Post-Conviction Relief

A five page form prescribed
by Rule 71.1, SCRCP and provided by the
clerks of court, is required to initiate all PCR actions. These forms are
provided to the clerks by Court Administration. The Attorney General's Office
will schedule the case to be heard.

Tasks:

Verify that
the proper form has been used.

Verify that
filing fee is attached or that the waiver section of the application has
been completed.

Forward a
copy to the Attorney General and the Solicitor.

Note: When forwarding the copy of the PCR application to the Attorney
General, please flag the application to indicate that it is a juvenile
matter.

7.37
Child Support Payments for Juveniles Detained in Custody of DJJ

The parents of a juvenile
committed by the court to the custody of an approved local detention facility
or the Department of Juvenile Justice (DJJ) may be ordered to pay child support
as the court directs according to the "child support guidelines
promulgated by the Department of Social Services (DSS) to cover in whole or in
part the support and treatment of the child." If the parents of the child
are not living together, the court will pursue child support from both parents.
If a "parent willfully fails and refuses to pay
the amount ordered the court may proceed against the parent for contempt."
S.C. Code § 63-19-1680.

7.38
Crime Victim's Rights

Effective October 1, 1997,
the Victim's and Witness's Bill of Rights was amended. Under the amended law,
the "family courts must return to a victim personal property recovered or
taken as evidence as expeditiously as possible...." Photographs and lists
of the property including serial numbers and unique identifying characteristics
should be substituted as evidence when possible. S.C. Code § 16-3-1545(E).

In family court, "the
prosecuting agency must make reasonable efforts to provide victims and
prosecution witnesses waiting areas separate from those used by the defendant
and defense witnesses." S.C. Code § 16-3-1550(C).